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(영문) 서울중앙지방법원 2017.01.11 2016고단3405
도로교통법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Where a driver of any motor vehicle charged intends to make a right-hand turn at the intersection, he/she shall proceed slowly to the right-hand side of the road;

On May 16, 2016, around 08:36, the Defendant violated the passing method through the intersection bypassing a straight line, which is not a straight line prior to the right-hand (or an intersection at the entrance of a river) on the Ycheon-dong, Seoul Special Metropolitan City, by entering the intersection.

2. Determination

1. The definitions of terms used in this Act are as follows: Article 2 (Definition) of the Road Traffic Act (Definition) of the relevant Acts and subordinate statutes and legal principles:

13. The term "intersection" means the area of a road intersected by a person who is a "£«", a "T", or at least two roads (in cases of a road divided by a sidewalk and a roadway, referring to a roadway);

Article 25 (Means of Passing through Intersections) (1) Where the driver of any motor vehicle intends to make a right-hand through the intersection, he/she shall proceed along the right-hand side of the road in advance.

In such cases, the driver of a bypassing motor vehicle shall stop in accordance with the new subparagraph or take care of pedestrians or bicycles.

Article 2 (Definition of National Land Ordinance) 43. The term "traffic island" means a facility in the shape of an island installed at the intersection or the quarter, etc. of a roadway in order to safely and smoothly handle motor vehicles or to ensure pedestrian safety in crossing the road.

Article 32 (Intersection Intersection and its Connection Standards) (1) The intersection of the intersection shall be close to the rectangular angle.

③ In the section crossings or connects on the face of the road, the facilities shall be installed, as necessary, such as the revolving lanes, transmission lanes, and traffic islands (facilities that facilitate the flow of roads), and the matters necessary therefor shall be determined separately by the Minister of Construction and Transportation, taking into account the contents and purport of the aforementioned relevant Acts and subordinate statutes as well as the contents of the said said Acts and subordinate statutes and the purport thereof, a traffic island is set up and separated from the right side of the lane.

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