"Most countries" would fail a driver for not crossing an intersection until there is space on the other side? I think you're being a little absurd here.

The driver in this case could see that the cars beyond the blue car were starting to move, and thus predict that he could cross a little bit early (betting on the space being available by the end of the maneuver, but risking being the ass who ends up blocking the crosswalk after miscalculating).