1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. While the Plaintiff driven a B truck on September 17, 2017 and passed through the third intersection in Jeju Island on September 17, 2017, the police officer belonging to the Jeju Western Police Station controlled the violation of the duty to observe signals under Article 5 of the Road Traffic Act, and received a penalty of KRW 60,000 from the Defendant.

(hereinafter “Disposition of this case”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings.

2. At the time of the Plaintiff’s assertion, the police officer failed to disclose his rank and name to the Plaintiff, and failed to wear a proper uniform as a police officer. However, the police officer demanded the Plaintiff to present his driver’s license with strong pressure. Since there is a defect in the traffic control guidelines and the public official’s duty to maintain dignity, the enforcement of the traffic control guidelines and the instant disposition are invalid.

3. Determination on the lawfulness of the instant lawsuit

A. The Defendant’s disposition of this case’s objection prior to the merits is subject to a summary judgment procedure law, and is not subject to administrative litigation, and thus, is unlawful.

나. 관계법령 ▣ 구 도로교통법(2017. 10. 24. 법률 제14911호로 개정되기 전의 것) 제5조(신호 또는 지시에 따를 의무) ① 도로를 통행하는 보행자와 차마의 운전자는 교통안전시설이 표시하는 신호 또는 지시와 다음 각 호의 어느 하나에 해당하는 사람이 하는 신호 또는 지시를 따라야 한다.

1. State police officers who direct traffic (including auxiliary police officers; hereinafter the same shall apply) and the autonomous police officers of the Jeju Special Self-Governing Province (hereinafter referred to as "autonomous police officers");

(2) Persons who assist national police officers or autonomous police officers (hereinafter referred to as "police officers, etc.") prescribed by Presidential Decree (hereinafter referred to as "police assistants").