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(영문) 서울동부지방법원 2016.09.06 2016고정1189
도로교통법위반
Text

Defendant shall be punished by a fine of KRW 100,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Crane car.

On March 23, 2016, the Defendant driven the above vehicle on March 14:55, 2016, and led to the front road of the 269 locked Station as the Songpa-gu Olympic Winter, Songpa-gu, Seoul, to proceed from the direction of Songpa-gu Office, along the three-lane distance to the department store, at an aesthetic speed.

In such a case, the driver of a motor vehicle has a duty of care not to enter the intersection in the event that the driver of a motor vehicle is forced to drive the motor vehicle into the intersection in which traffic is controlled by signal apparatus and it is likely to obstruct the passage of other motor vehicles due to the situation of the motor vehicle in front of the course in which he/she intends to drive the motor vehicle.

Nevertheless, as the Defendant neglected this and entered the intersection, and the signal was changed to the stop signal, the Defendant was stopped within the intersection.

Accordingly, the Defendant driven the above vehicle in violation of the intersection traffic method.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of enforcement manual and field map of Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting a crime and subparagraph 1 of Article 156 of the Road Traffic Act that selects a penalty, and Article 25 (5) of the same Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that the illegality is excluded as a justifiable act under Article 20 of the Criminal Act, since, at the time, the Defendant entered the intersection in accordance with the straight line, which became unable to escape from the intersection due to the outbreak of the body, and subsequently stopped outside the stop line to prevent other vehicles from impeding their traffic.

Article 25 (Means of Passing through Intersections) (5) of the Road Traffic Act is an intersection in which traffic is controlled by signal apparatus.

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