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(영문) 서울중앙지방법원 2013.09.27 2013고단3091
도로교통법위반
Text

The defendant shall be innocent.

Reasons

1. Around May 24, 2013, the Defendant violated the signal or instruction of police officers C within the children protection zone of police officers C on the front of the original elementary school on May 24, 2013.

2. The gist of the Defendant’s appeal is that, as the vehicles parked on the right side are too narrow, the Defendant could not think that they were stopped by the police officer’s reception, and the Defendant reported the police officer’s number signal to stop the Defendant’s vehicle adjacent to the police officer, and stopped the vehicle.

Therefore, even if the defendant viewed the police officer's hand signal from the beginning, it is not a violation of the police officer's signal or instruction.

3. According to Article 5 of the Road Traffic Act, drivers of motor vehicles and riders of horses are required to follow signals or directions expressed by traffic safety facilities and signals or directions given by national police officers controlling traffic. According to Article 156 subparagraph 1 of the Road Traffic Act, those driving a motor vehicle in violation of Article 5 shall be punished by a fine not exceeding 200,000 won, by misdemeanor imprisonment, or by a minor fine.

According to the above provision, in the case of operating a vehicle without complying with the police officer's signal or instruction, the issue is whether the defendant was driving the vehicle in violation of the police officer C's signal or instruction even though he knew of the police officer C's signal or instruction.

On the other hand, the following circumstances, which are acknowledged by the record: ① A front of the original elementary school, has no distinction between pedestrian traffic lanes and vehicle traffic lanes, is a road where a police officer is placed at the front school and a road where it is possible to cross traffic with two prices due to the fact that there is no median line between the front school and the front school, but a road where a police officer at the front school is placed at the front school and a road where it is possible to cross traffic with two prices. However, the defendant is not a driver who is frequently passing the above road, so this situation is known.

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