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(영문) 대전지방법원 2016.08.19 2015고정1647
도로교통법위반
Text

Defendant shall be punished by a fine of 200,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a CF car.

On May 20, 2015, the Defendant stopped on May 20, 2015, in order to make a U-turn at one-lane between the four-lanes of the four-lane basin of the U.S. N.N. and the four-lane radius.

In spite of the fact that the signal in the direction to the U-turn section or the walking signal in the front direction crosswalk could be a U-turn only when the green light is a green light, the defendant did not observe the direction when the defendant sent the right direction to the right direction to the right side of the apartment room located in the third distance of elementary school.

As a result, the Defendant violated the signal and direction indicating the traffic safety facilities.

Summary of Evidence

1. Recording of witness D's statements in the fifth public trial records;

1. Protocols of examination of witnesses E and F, other than the trial dates;

1. Application of each enforcement manual and the Acts and subordinate statutes governing sending signal signs;

1. Article 156 of the relevant Act and Articles 156 subparagraph 1 and 5 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The question is whether E, an auxiliary police officer, has the authority to regulate the defendant's violation of signals or instructions, and E seems to have unlawfully controlled the defendant.

B. The Defendant, in accordance with the signals and instructions given to the instant U.S. U.S. section, was an intern at the time when the pedestrian signal, etc. in the Defendant’s direction is green.

2. Determination

A. As to whether auxiliary police officers have the authority to regulate the violation of signal or instructions, the former Act on the Establishment of Combat Police Units (amended by Act No. 13425, Jul. 24, 2015; hereinafter “the Act on the Establishment of Combat Police Units”) is the Act on the Establishment and Operation of Volunteer Police Units by Act No. 13425, Jul. 24, 2015.

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