A. The Defendant did not drive more than 60km/h at a restricted speed.

B. The Defendant driven at a speed of 72 km/h above the speed limit.

However, according to the control standards for mobile control equipment discovered on the Internet, the police officer should control only vehicles with a speed exceeding 15 km/h of 15 km. Thus, the police officer should control only vehicles with a speed exceeding 75 km/h of 75 km, and the above standard should also apply to the fixed control equipment of this case.

In addition, one police officer did not keep the control information on the control equipment for 5 years.

Therefore, the defendant cannot be punished for violating the Road Traffic Act.

2. Determination

(a) Article 17 (2) of the Road Traffic Act, such as related Acts and subordinate statutes, may restrict the speed in cases where the Commissioner General of the Local Police Agency deems it necessary to prevent danger on the roads, excluding expressways and to ensure safe and smooth flow of traffic;

The main text of Article 156 (3) provides that no driver of a motor vehicle shall drive the motor vehicle at a speed above the maximum speed set forth above, and Article 156 (1) of the same Act provides that a person who violates the above paragraph (3) shall be punished by a fine not exceeding 20,000 won, by detention, or by a minor fine.

The Act stipulates.

In addition, Article 3 of the Road Traffic Notice, Article 17 (1) and (2) of the Road Traffic Act provides that the speed of each road shall be substituted by the traffic safety signs. On the off-road road in Songpa-gu Seoul Metropolitan Government, there is a road sign stating the speed of 60km/hh of the limit.

B. According to the evidence duly admitted and examined by the lower court as to whether the Defendant was driving at a 72km/h speed, the Defendant was in the Songpa-gu Seoul Metropolitan Government with a speed of 60 km/h on February 18, 2017.