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대구지방법원 2018.01.11 2017노3277

도로교통법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below which found the defendant guilty of the facts charged of this case although the defendant did not make an illegal left-hand turn, is erroneous in the misapprehension of facts which affected the decision.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, including the witness D’s legal statement in the court below, namely, ① the Defendant was controlled by the police on the ground that the Defendant illegally left-hand turn on the road in front of the Daegu-dong Village Mon Park on July 23, 2016, and ② the control police officer D, who was a control police officer, witness the illegal left-hand turn and was aboard the patrol vehicle after about 50 meters from the place of the crime, and notify the Defendant of the fact of the offense by setting up the Defendant’s vehicle waiting into the signal at the private distance intersection, and ③ at the time of the control, the Defendant was only in violation of D’s “the other person”.

In light of the fact that “the instant facts charged are not denied,” and that the facts charged are sufficiently recognized.

Therefore, the defendant's assertion against this cannot be accepted.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.