도로교통법위반
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the reasons for appeal (misunderstanding the fact) is that the location of the Defendant fixed the vehicle is prohibited from parking, but it is possible to stop, so the Defendant’s fixed vehicle in this area does not constitute a violation of the Road Traffic Act.
2. Determination
A. The summary of the facts charged in the instant case is that the Defendant, even though he/she was on the road at which around October 21, 2016, around 21:50, in the south-gu Seoul Special Metropolitan City, was prohibited from driving, even though he/she was on the road at which more than 10 meters of the 5th radius of the scambro, 1614, Nam-gu, Seoul Special Metropolitan City, is located
B The taxi was set up.
(b) The driver of any motor vehicle provided for in Article 32 (Prohibition of Stopping and Parking Motor Vehicles) of the related Acts and subordinate statutes (Road Traffic Act) shall be prohibited from stopping or parking a motor vehicle in any of the following places:
Provided, That the same shall not apply where this Act, an order issued under this Act or an instruction of a police officer is complied with and the temporary suspension is made in order to prevent danger.
2. A place that is located within 5 meters from the edge of an intersection or the corner of a road;
4. Not more than ten meters from a place where any pillar, signboard, or line indicating a bus stop is installed;
(x) A place: Provided, That the same shall not apply where any bus driver stops or parks a bus in order for passengers to board or alight from the bus at any bus stops located along the service route during service hours;
5. A place located within 10 meters from the edge of a road crossing or crosswalk;
6. Places designated by the Commissioner General of the Local Police Agency as being necessary to prevent any danger on the roads and to ensure safe and smooth flow of traffic [Enforcement Rule of the Road Traffic Act] Article 8 (Safety Signs) (1) of the Act shall be classified as follows:
5. The users of roads with signs, letters, or lines of various cautions, regulations, directions, etc. on the surface for the safety of road traffic on the surface of the road;