The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

A. Recognizing the fact that the Defendant did not temporarily suspend at the time of a traffic accident as stated in the facts charged of the instant case (hereinafter “instant accident”), the Defendant temporarily suspended.

Even if the victim could not be aware of the expected entry or entry of the victim, it was not possible to avoid the accident of this case.

Therefore, there is no causation between the defendant's non-temporary suspension and the accident of this case.

B. Even if the facts charged against the defendant are found guilty, the sentence of the court below (the order to attend a compliance driving lecture of 2 years and 40 hours in August) against the defendant is too unreasonable considering the background of the occurrence of the instant accident and all other circumstances.

2. According to the records on the Defendant’s assertion of misunderstanding of facts or misapprehension of legal principles, the fact that the victim had operated 72.2km/h at the time, speeded 72.2km at the time, and that the Defendant first entered the intersection than the victim.

However, the following circumstances acknowledged by the record are as follows: (i) in a case where the defendant driving a narrow road more narrow than an intersection stops prior to the intersection in accordance with the direction of red on-and-off signals, the running speed of the defendant taxi in the intersection was far lower than the actual running speed; (ii) the defendant could have avoided traffic accidents by discovering the victim's ozone; (iii) the defendant did not have many vehicles at the time of the instant accident; and (iv) there was no light or anything that could interfere with the passage of the building at the time of the accident; and therefore, (iv) the victim could have been seen to have driven on the left side if the defendant temporarily stopped and inspected the left and right at the time of the accident, and (iii) even considering the victim's rapid approach, the defendant entered the intersection.