도로교통법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 40,000.
The above fine shall not be paid by the defendant.
The summary of the grounds for appeal is as follows: (a) the Defendant driving a vehicle on a one-lane to pass through the expressway; (b) the Defendant immediately changed the vehicle to a two-lane after passing through the expressway; and (c) the Defendant changed to a three-lane; and (d) the Defendant was not operating a one-lane on the expressway at the time when the police was controlled; and (c) the lower court found the Defendant guilty of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the facts.
The grounds for appeal by the defendant shall be examined ex officio prior to the judgment.
In the trial of the prosecutor, the "small and medium-sized combined vehicles" among the facts charged by the defendant shall be operated from four laness to four lanes on the expressway.
On June 13, 2016, the Defendant, around 10:20, operated the Dando Track Track in Busan Metropolitan City, along with one lane between around 3.8 km and about 3.8 km in Busan Metropolitan City.
Cargo motor vehicles, the laden weight of which does not exceed 1.5 tons, shall be operated in three lanes from the four-lanes on the expressway.
Nevertheless, around 10:20 on June 13, 2016, the Defendant operated a Grand Cross truck with one lane out of four lanes from the Seodo 3.8km to the Seodo Don-dong, Gangseo-gu, Busan Metropolitan City. The Defendant operated the Grand Cross truck with one lane among the Seodo 4 lanes.
“Application for Amendments to Bill of Indictment” was filed, and this Court permitted it, and the subject of the adjudication was changed.
In this respect, the judgment of the court below is no longer maintained.
Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.
Criminal facts
A truck, the load weight of which is not more than 1.5 tons, shall be operated in three lanes from the four-lanes on an expressway.
Nevertheless, the defendant around 10:20 on June 13, 2016, Busan Gangseo-gu.