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(영문) 광주지방법원 2016.10.20 2016고단1516
도로교통법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Drivers of motor vehicles and riders of horses traveling along roads charged shall follow signals conveyed by traffic safety facilities;

Nevertheless, at around 13:28 on April 5, 2016, the Defendant was driving a B E-Mati Cargo and proceeded without stopping despite the fact that the electric signal was changed to the coefficient distance from the side of the Macheon-ro, Seo-gu, Seo-gu, Seo-gu, Gwangju, while driving a Tri-Mati Freight, the Defendant proceeded without stopping.

As a result, the Defendant did not follow the signal indicating traffic safety facilities.

2. At the time of judgment, police officers C testified in this Court that “The traffic signal apparatus of the opposite lane changed to the same signal system as the traffic signal apparatus on the direction of the defendant's proceeding is changed to red, and the vehicle of the defendant entered the intersection after two seconds.”

However, in full view of the following circumstances acknowledged by the record, it is insufficient to recognize that the witness C’s above testimony alone was sufficient to prove that the traffic signal was red at the time of the Defendant’s entry the above Sam-distance Intersection, and there is no other evidence to prove otherwise.

Therefore, since the facts charged in the instant case constitute a case where there is no proof of a crime, a judgment of innocence is rendered under the latter part of Article 325 of the Criminal Procedure Act, and a summary of the judgment is publicly announced under Article 58(2)

The place where the witness passes through the intersection is the difference between the above three-distance intersection and the 130-150 meters away from the above three-distance intersection, and the above three-distance intersection is drawn to the right side when viewed from the direction of the defendant's proceeding.

Therefore, even if the witness could have confirmed the traffic signal lights of the opposite lane changed to the same traffic signal system as that of the Defendant’s moving direction, the stop line is left to the intersection of the intersection.

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