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(영문) 서울중앙지방법원 2014.07.24 2014고정2311
도로교통법위반
Text

Defendant shall be punished by a fine of KRW 40,00.

If the defendant fails to pay the above fine, 40,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a CP car.

Drivers of motor vehicles and riders of horses shall be prohibited from changing their routes in any place specially prohibited from changing their routes with safety signs.

On March 31, 2014, around 15:53, the Defendant changed the course from the second lane to the first lane, in violation of this, to turn to the left, while the road along the third lane of the Sejong Metropolitan Jongno-gu is running along the second lane, and the white ray prohibiting change of course between the first lane and the second lane was installed at the intersection.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Statement of control of D;

1. Application of the statutes governing the control point;

1. Relevant Article of the Act on Criminal facts and Articles 156 subparagraph 1 and 14 (4) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. The defendant and his defense counsel's assertion on the argument of the defendant and his defense counsel under Articles 70 (1) and 69 (2) of the Criminal Act for the detention of the workhouses asserts that the white-ray prohibiting the change of course is a legitimate act that does not violate social rules, and thus, the change of course of the defendant who violated this provision is a legitimate act that does not violate social rules.

Comprehensively taking account of the above evidence, only the upper one lane is permitted to turn to the left among the seven-lanes of the shooting distance, and the one-lane and the two-lanes are installed in the rear side of the stop line. The above career change limitation line is established in order to ensure the smooth progress of the vehicle left to the left pursuant to the new subparagraph in the first lane (on the other hand), by restricting the change of course from the foregoing shooting distance where traffic is congested to the left (on the other hand), and the defendant shall turn to the left at the second lane where the left is prohibited.

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