beta
(영문) 수원지방법원 2013.05.15 2013노1365

도로교통법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) asserts that the Defendant’s judgment, without any evidence, found the Defendant guilty and illegal, on the ground that there is no blue or white light displaying the bus exclusive lane on the controlled unmanned camera images taken by the Defendant.

2. We consistently acknowledge that the Defendant’s driving of the bus exclusive lanes from the investigative agency to the trial of the party. However, the Defendant argues that it is not acceptable because the blue-ray or the moving-out line indicating the bus exclusive lanes appear in the video.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① equipment controlling only one lane at a point 358.8 km along the border of the GyeonganIC direction at a point 358.8km on the Gyeongan ICT, the unmanned control camera of this case, and ② the video of this case, the number of the defendant is clearly recorded, and the real line is taken by the center line towards the driver’s seat of this case, the blue-ray did not appear in the video.

Even if the defendant has passed the bus exclusive lane at the time and place specified in the facts charged of this case, it shall be sufficiently recognized.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.