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(영문) 서울남부지방법원 2018.07.05 2017노2575

도로교통법위반

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The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant was directly engaged in according to the direction of the police officer at the time, and did not drive the Defendant intentionally in violation of the sign installed on the surface.

Nevertheless, the lower court found the Defendant guilty of the facts charged.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court can sufficiently recognize that the Defendant was driving in violation of the instructions indicating traffic safety facilities, such as the facts charged.

The judgment of the court below is just, and there is no error in the misapprehension of facts alleged by the defendant.

On April 19, 2017, the slope D, which belongs to the Seoul Young Military Police Station F, found the Defendant's driver's vehicle located in the three-lane in the Yeongdeungpo-gu, Yeongdeungpo-gu, Youngpo Police Station, while traffic management was conducted in the 3-lane in the Young-gu, Young-gu, Young-gu, Seoul, Police Station F, and stopped in the safety zone.

On the three-lanes where the defendant proceeded, there was a surface sign that prohibits straight dust and only allows bypass.

Therefore, in order for the defendant who has been running a three-lane to go straight along the above three-lanes, the lanes should be changed into two-lanes, which are straight lines in the area where the change of the lanes is permitted in advance.

Nevertheless, while the Defendant continued to go through a crosswalk beyond the section that can make a right-hand way, it was controlled by the above police officer who discovered it.

The Defendant made a statement at an investigative agency to the effect that he was directly engaged in the three-lanes, regardless of the police officer’s hand signals.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.