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(영문) 서울서부지방법원 2012.11.29 2012노364

도로교통법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The public prosecution of this case is instituted by a summary trial application prepared with the official seal without the signature or seal of the chief of the competent police station, which violates Article 57(1) of the Criminal Procedure Act, and a police officer controlling a defendant’s violation of traffic method at the crossing violates Article 196 of the Criminal Procedure Act, since the police officer was aware of and controlled the defendant’s crime without the involvement of judicial police officer, and the police officer issued a penalty notice under the name of the chief of police station, which is not by legitimate delegation. Thus, the claim for summary trial of this case is invalid due

B. In the resignation tunnel claiming misunderstanding of facts or misapprehension of legal principles, there are two straight lines and right-way signs at 50 meters prior to reaching the private distance of the independent text, and the roads are going straight ahead of the two straight lines and the two straight lines prior to the right-way. While the Defendant tried to go straight ahead of the private distance of the independent text in the resignation tunnel, the Defendant tried to go straight ahead to the gold tunnel by going straight straight ahead of the private distance of the two straight lines. However, since the two straight lines arrive ahead of the private distance of the outer text, the Defendant was only the right-way direction to turn to the left-hand side of the two straight lines, and did not indicate the right-way direction to turn to the gold tunnel again by the right-way method.

However, the point at which the defendant passed is not an intersection, but an independent door is an intersection, so even though the defendant only displayed the right side of the road at the right side of the road, as long as the defendant was bypass while driving at the right side of the road at the intersection, the defendant does not violate the intersection method under the Road Traffic Act, and even if he violated it, it is a crime.