Text
The prosecutor's appeal is dismissed.
Reasons
1. According to the legal statement, etc. by the police officer regulating the gist of the grounds for appeal (misunderstanding of facts), the judgment of the court below that acquitted the defendant, despite the fact that the defendant was sufficiently recognized in the future of the vehicle that turns left at the first lane while making a left turn at the second lane, is improper.
2. Determination
A. As to the facts charged in this case, the lower court determined that the Defendant continued along the two lanes between the four-lane distances in the East National Hospital, and attempted to turn left at the two-lanes and the three-lanes in the middle of the three-lanes in the direction of the Pungsan. In light of the above Defendant’s operational route, the Defendant left the normal right-hand turn in accordance with Article 25(2) of the Road Traffic Act.
It is not possible to see the content of the de facto survey in itself, and even if it is the content of the de facto survey, the difference of the defendant is only left left behind the right side of the motor vehicle, but not left in the future. ② At the time, C, a police officer, was left in the court of the original trial, and the defendant was left left left behind according to the non-explic behind the above de facto survey report in the court of original trial.
Although the statement was made, in light of the method of passage to the left at the intersection and the defendant's proceeding, the defendant was placed in front of the motor vehicle that the defendant normally turns to the left.
There seems to be little room for see, 3. At the time when the defendant was put into control against the violation of prohibition of kising.
D also states to the effect that there is no fact in the future of a motor vehicle that makes a normal left turn at the court of the court below, and that it is known to the effect that the appointment of a straight-on vehicle is controlled by the fact that the left-hand turn is violated, and there is some doubt about the application of the control of the enforcement officer, etc., the evidence submitted by the prosecutor alone to make a normal left-hand turn at the intersection.