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(영문) 서울남부지방법원 2015.03.19 2015고단79

도로교통법위반

Text

Defendant shall be punished by a fine of 60,000 won.

Where the defendant fails to pay the above fine, 30,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle in B.

On October 10, 2014, the Defendant, on October 10, 2014, moved back the street in front of the new-dong 2, 118 Lee Dong-dong, Yangcheon-gu, Seoul to the offside of a wooden-dong apartment with a view to the offside trade slope. Since the above point is an intersection where signal lights are installed, the Defendant violated the front-dong red signal without neglecting to drive it.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. Statement to C by the police;

1. Application of statutes governing enforcement manuals;

1. Relevant Article of the Act on Criminal Facts and Articles 156 subparagraph 1 and 5 of the Road Traffic Act, the selection of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant asserts to the purport that the signal of the pedestrian crossing may not be violated, since the signal of the pedestrian on the crosswalk might pass through the crosswalk, if there is no pedestrian, even if the signal of the pedestrian on the crosswalk is green, the signal of the front side is red, and the signal of the front side is stopped before the stoppage is stopped in green. As the pedestrian signal of the pedestrian crossing might not be violated, since it is possible to pass through the crosswalk, if there is no pedestrian, even if there is no pedestrian.

In a case where an intersection and crosswalk are installed along the intersection, and the vehicle signal apparatus is installed only through the intersection, the vehicle signal apparatus shall be deemed to be not only the passage of the intersection for the vehicle, but also the passage to the crosswalk immediately preceding the intersection, and it shall not be deemed that there is no traffic signal, etc. for the vehicle on the crosswalk because the vehicle aid, etc. is not installed on the side of the crosswalk such as the walking, etc. on the crosswalk, and in such a case, the red light for the vehicle on such intersection shall be an intersection.