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The defendant shall be innocent.
Reasons
1. On February 1, 2014, the Defendant: (a) carried out a stop signal while driving a B-car on the road before a middle police box located in the Sinsan-si, Sinsan-si, Sinsan-si; (b) on February 1, 2014, the Defendant straighted against the signal of suspension.
2. Defendant’s assertion and judgment
A. The Defendant asserted that the Defendant stopped the stop signal on the above road in line with the stop line, and the direction signals installed too near the stop line and could not see the signal, etc. even after entering the stop line, and that the cross signals on the road inevitably changed to red, and that there was no criminal intent of violating the signal, while starting from the point of view that the cross signals on the road inevitably changed to red.
B. Pedestrians, drivers of vehicles, and riders of horses passing along the road shall follow the signals indicated by traffic safety facilities (Article 5(1) of the Road Traffic Act). When they violate this provision, they shall be punished by a fine not exceeding 200,000 won, by penal detention, or by a minor fine (Article 156 Subparag. 1 of the Road Traffic Act). In this case, they must be aware that they intentionally or at least violate the signals.
However, according to the records, the vehicle driving signal at the time of the instant case was installed on the crosswalk, and the fact that the vehicle driving signal was installed on the side of the crosswalk on February 19, 2014, which was subsequent to the instant case, by type, was additionally installed. In light of such fact, when the vehicle stops in line with the stop line as the Defendant at the time of the instant case, it is recognized that the said signal was a situation in which the vehicle was not easily visible through front glass.
In this situation, the Defendant reported that the crosswalk signal apparatus linked to the above ongoing signal apparatus has been changed to red, and in fact, the crosswalk signal apparatus of this case has been changed to red, and there is a few seconds of time when the proceeding signal apparatus of this case has been changed to blue.