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(영문) 대법원 2017.06.29 2015도12137
도로교통법위반
Text

The judgment of the court below is reversed, and the case is remanded to the Incheon District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. Article 32 Subparag. 4 of the Road Traffic Act (hereinafter “instant prohibition provision”) provides that no vehicle shall be stopped or parked in a “place within 10 meters from a place where a pole, signboard, or line indicating a bus stop is located,” and Article 156 provides that a person who violates Article 32 shall be punished by a fine not exceeding 20,000 won, by detention, or by a minor fine.

The purpose of the instant prohibition provision is to prevent inconvenience or danger that may arise to passengers using buses by parking or stopping at the location of the bus stop, which is a means of public transportation, and to ensure smooth operation of buses through this, so there is no reason to treat buses with or without compensation. Accordingly, the instant prohibition provision merely expresses it as “booming of a bus bus,” and does not limit it to “booming of a bus operated with compensation.”

In full view of the legislative purport and language of the prohibition provision of this case, barring special circumstances, such as where a pole, board, or line indicating a bus stop is installed contrary to the will of the managing body managing the relevant road, it is reasonable to deem that the prohibition provision of this case violates the prohibition provision even in a case where a pole, board, or line, indicating a bus stop for free operation as well as a commercial bus stop within 10 meters from a place where a pole, board, or line is installed, indicating a bus stop.

2. According to the record, the head of the Incheon International Airport passenger bus stop No. 13, where the Defendant stopped a Bknack vehicle, is a stop of a free circular bus operated by the Incheon International Airport Corporation.

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