도로교통법위반
The defendant's appeal is dismissed.
Costs of trial in the trial shall be borne by the defendant.
1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles)
A. The defendant's part of the violation of the prohibition of parking and stopping is recognized that the defendant stops the taxi on the crosswalk 20 seconds in front of the entrance No. 8 in the combined stations.
However, since police officers exercised violence in the course of controlling the defendant, the execution of their duties is not legitimate, it cannot be punished against the defendant's violation of prohibition of stopping or stopping.
B. The fact that the Defendant did not comply with the police officer’s request for presentation of the driver’s license is recognized.
However, there is a justifiable reason that the defendant did not present his/her license because the request for a police officer E's license does not follow due process.
2. Determination
A. According to the evidence duly adopted and examined by the lower court and the lower court on the part of the violation of the duty of prohibition of stopping and stopping, even if it is recognized that the Defendant stopped the taxi on the crosswalk prior to the 8th entrance in the Gohap Station, and thereafter, there was a circumstance that the enforcement officer, as alleged by the Defendant, exercised violence against the Defendant, such circumstance does not affect the establishment of the crime as it was after the crime of violation of the Road Traffic Act was established due to the violation of the duty of prohibition of stopping and stopping.
This part of the defendant's assertion is without merit.
B. According to the evidence duly adopted and examined by the court below and the court below on the part of violation of the duty to present driver's license, the police officer first parked in the patrol room and ordered the defendant to find and move his vehicle on the crosswalk, but the defendant failed to comply with this, and requested the defendant to stop his vehicle at a safe place and present his driver's license. In light of the fact that the defendant requested the presentation of the driver's license after stopping his vehicle at a safe place, the black stuff video (Evidence No. 9) and the record (Evidence No. 6) submitted by the defendant, the enforcement officer seems to have discussed the purpose of crackdown.