도로교통법위반
The defendant's appeal is dismissed.
The lower court, on the ground of appeal, found that the Defendant, at the time of the instant case, did not have any indication prohibiting the left-hand turn and allowing U-turns from the intersection in front of D located in Suwon-si C (hereinafter “instant intersection”) in the sphere of Suwon-si, Suwon-si, where the Defendant had no indication of allowing U-turns
The decision was determined.
However, the district in which the defendant was a U.S. intern was marked with a sign allowing U.S., and the defendant had been a legitimate intern in accordance with the signals indicating traffic safety facilities.
Therefore, the judgment of the court below that found the defendant guilty of the facts charged of this case even though the defendant did not violate signal or instruction at that time.
2. The lower court found the Defendant guilty of the instant facts charged on the following grounds.
A. According to the provisions of Article 5 (1) of the Road Traffic Act, pedestrians who walk the road and drivers of horses shall observe signals and instructions conveyed by traffic safety facilities and signals and directions given by police officers, etc. who perform traffic control. According to the provisions of Article 18 (1) of the same Act, drivers of horses shall not cross or walk the road by driving the vehicle when there is a concern over obstructing the normal flow of pedestrians and other horses. According to the provisions of paragraph (2) of the same Article, the drivers of horses shall not cross or walk the road by driving the vehicle when they are likely to obstruct the normal flow of the vehicle. In case where it is deemed especially necessary to prevent danger on the road and ensure the safe and smooth flow of traffic, the Commissioner General of the Local Police Agency may designate the section of the road to prohibit the crossing or the
section 30.
B. According to the evidence duly admitted and examined by the court below, the following facts can be acknowledged.
1) 이 사건 교차로는 중보 교 방면에서 벌 말 교차로 방면의 직진도로와 G을 따라 위치한 D 지점 앞의 편도 1 차로의 도로( 평동 구도로) 가 연결되어 있는 ‘ ㅓ’ 자형 교차로( 별지 지도의 ⓒ 부분 참조) 이고,...