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(영문) 서울중앙지방법원 2020.06.02 2019노3882
도로교통법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is consistent with D's statements from the investigative agency to the court, according to D's statements, it is difficult to view that D's false statement or motive is recognized due to changes in the lane of the Defendant's vehicle, and D's false statement or motive is not the reason or motive of D's false statement, and that D's photographs and net yellow survey and D's statements conflict or conflict with each other after driving a vehicle on the four-lane road, the Defendant rejected D's statements even if it is recognized that D's statements were likely to interfere with the passage of the vehicle by driving the vehicle on the three-lane road where D was driving the vehicle and driving the vehicle on the four-lane road, and it is erroneous in the misapprehension of facts, which affected the conclusion of the judgment, and the judgment of the

2. Determination

(a) The driver of any motor vehicle that is a summary of the facts prosecuted shall not change course when it is anticipated to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her route;

Nevertheless, on July 23, 2018, the Defendant driven a bbenz car on July 23, 2018 and changed the course to a three-lane line where D was driving a two-wheeled vehicle on the fourth-lane road in Gangnam-gu Seoul Metropolitan City, Gangnam-gu, Seoul, thereby hindering the normal passage of other vehicles.

B. In light of the following circumstances, the lower court found the Defendant not guilty on the ground that the Defendant violated the duty of prohibiting change of course under Article 19(3) of the Road Traffic Act by making a change of course from four lanes to three lanes, as stated in the instant facts charged, by using the evidence submitted by the Prosecutor to the effect that the Defendant violated the duty of prohibiting change of course under Article 19(3) of the Road Traffic Act, and that there is no other evidence to acknowledge it otherwise.

1. D. First, D.

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