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(영문) 수원지방법원 2018.04.27 2017노3145 (2)
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant made a normal turn to the left when the vehicle’s proceeding signal is a green signal.

The video recording system of CCTV for crime prevention and the traffic signal system operated by the National Police Agency, which are operated by the Suwon City Urban Safety Integration Center, are not related. The investigation agency, by linking the above CCTV image with the above CCTV traffic signal system, operated the evidence as if the defendant applied to left-hand turn to the stop signals.

The testimony of the witness D of the court below is also prepared or stated falsely in the process of regulating D submitted by the investigative agency to the court.

In addition, there is no other evidence directly supporting that the defendant has made a left turn at the time when the defendant is a stop signal, such as video, etc. where the left turn is taken at the place of the stop signal.

However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the facts or by violating the legal principles, thereby adversely affecting the judgment

2. Determination

A. The lower court found the Defendant guilty of the instant facts charged on the grounds that each of the statements made by D and E, a witness who is a traffic safety police official, is reliable in light of the background, content, consistency, physical strength, relationship with the Defendant, etc. of the statements.

B. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined at the lower court and the lower court’s judgment, the fact that the Defendant made a left-hand turn to the left at the time of a stop signal as stated in the instant facts charged is sufficiently recognized.

Therefore, the defendant's above assertion is without merit.

1) The horse D, which discovered the violation of signals at the time, and the horse captain E who took the patrol at the time, consistently discovered from the investigative agency to the court below to find the left-hand turn from the Defendant’s vehicle to the stop signals, and stated that the Defendant’s vehicle was immediately imposed a penalty on the Defendant’s vehicle.

2) According to the entry in the signal note, from around 09:30 on March 11, 2016 to 16:30 on March 11, 2016.

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