The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of grounds for appeal;

A. There is no fault on the occurrence of a traffic accident by mistake of facts or misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. The lower court determined: (1) The place where the instant traffic accident occurred is the intersection where traffic is not controlled; (2) the Defendant’s vehicle entering the intersection where the width is narrow, and the victim’s vehicle entering the intersection is straightly obstructed with the road where the width is narrow; and (2) the driver of a vehicle seeking to drive the intersection where the traffic is not controlled, shall slow down if the width of the road is wider than that of the road where the vehicle is passing, and if there are other vehicles seeking to drive the intersection where the width is narrow (Article 26(2) of the Road Traffic Act). According to the foregoing, if the vehicle is driven into the intersection where the traffic is not controlled on a narrow road, the width is advanced first; and (3) if the vehicle is driven on the road, the vehicle should yield its way to the intersection; and (4) the vehicle is not deemed to have arrived at the intersection where it is possible to first enter the intersection where it is possible to determine its credibility by giving more than 170 minutes prior to the said vehicle’s entrance (see, e.g., Supreme Court Decision 2007Da167.