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(영문) 전주지방법원 2019.06.12 2019노452
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Compared to misunderstanding of facts and misunderstanding of legal principles, it was impossible for the Defendant to recognize the change of the vehicle signal itself, so there was no intention in violation of the signal. 2) The Defendant appears to have turn on the yellow light of the rapid rapid vehicle signal, etc. in order to maintain the safety distance with the prior buses immediately before entering the intersection. However, it was not possible to expect the Defendant to keep the signal in compliance with the signal, considering the fact that the rapid rapid vehicle was anticipated to have a big accident if the vehicle was driven by the rapid bus, etc. at the time.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 60,000) is too unreasonable.

2. Determination

A. 1) Judgment of the court below as to the assertion of mistake of facts that the defendant did not have an intention to commit a violation of signal signals has the same purport in the court below, and the court below rejected the above assertion by providing a detailed statement in the "decision on the argument of the defendant and his defense counsel". In light of the records, the judgment of the court below is just and acceptable, and the above argument of the defendant is without merit. 2) In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court below, the judgment of the court below as to the argument that there is no possibility of expectation, the defendant cannot be deemed to have no possibility of expectation of lawful act. Thus,

① The control manual prepared by the police officer who controlled the Defendant is at the place where the signal lights are installed, and the place where the traffic signal lights are put in place, and at the time of the instant case, it is at the place where it is easy to identify the vehicle violating the signal, i.e., the control vehicle, in order to regulate vehicles to turn left or right at the time of the signal signal, and vehicles to turn left at the time of the instant case.

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