경범죄처벌법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 60,000 won.
The above fine shall not be paid by the defendant.
1. According to the evidence duly admitted and examined by the lower court, the lower court erred by misapprehending the legal doctrine and thereby acquitted the Defendant, although the Defendant was found to have operated a vehicle in violation of the signals in the instant crosswalk.
2. Determination
A. The gist of the facts charged in this case and the judgment of the court below 1) is that the defendant operated a vehicle C in violation of the signal on the front of the Nonghyup Dong-dong, Dongdaemun-gu, Seoul on May 20, 2013, and around 03:22. 2) The court below found the defendant not guilty on the ground that, in light of the legal principles, the evidence submitted by the prosecutor alone cannot be readily concluded that the defendant violated the signal, and there is no other evidence to acknowledge otherwise.
B. According to Article 5(1) of the Road Traffic Act, drivers of motor vehicles and riders of horses passing along roads are traffic safety facilities (referring to signal apparatus and safety signs).
Article 3 (1) of the same Act shall be complied with the signal indicated by the Ordinance of the Ministry of Security and Public Administration, and Article 4 of the same Act shall delegate the type of traffic safety facilities, the method and place in which traffic safety facilities are installed, and other necessary matters concerning traffic safety facilities to be prescribed by Ordinance of the Ministry of Security and Public Administration. Following such delegation, the term "the definitions of signals and signals indicated by signal apparatus" in attached Table 2 of Article 6 (2) of the Enforcement Rule of the Road Traffic Act shall be those indicated by red light among the vehicle signal, etc., and the term "motor vehicles and horses" shall be
However, other vehicles and horses that proceed in accordance with good faith.