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(영문) 서울동부지방법원 2017.05.11 2016노1602
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, when the defendant makes a U-turn, the U-turn sign installed on the right side of the road (on the right side of the pedestrian signal) was not visible to the intersection installed front of the U-turn, and thus, the defendant is not liable for violating the direction indicated by the traffic safety facilities.

B. The sentence of the lower court that is unfair in sentencing (100,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of misapprehension of the legal principle, there is a U-turn sign that the U-turn can be available for the pedestrian signal in front of Seongdong-gu Seoul Metropolitan City Intersection (the two-lane road from among the three-lane roads). The defendant had a U-turn signal from the U.S. intersection to the red signal, and the defendant was a U-S. police officer after the U.S. had a U.S. signal in the front line of the U.S. crossing which is changed from the U.S. intersection to the red signal. The above road has a history of the U.S. line 2 in Seoul subway lines in the upper part of the road, and the U.S. road was installed in front of the U.S. intersection, and it can be recognized that the U.S. sign is not visible depending on the driver's location after entering the U.S. lane, and the following circumstances can be recognized based on the above recognized facts and the evidence as follows:

Ⅱ 3. On 3. Serial 3. Serial 3. Serial 311, a Uton sign is set up on the right side of the road or the center. The intersection sign of this case is set up on the right side of the road in accordance with the above provision. Thus, the Uton sign is installed at the location prescribed by the law. ② The Defendant was able to confirm the Uton sign while proceeding to the above intersection. ③ If the Uton sign cannot be seen due to the truck or the intersection in the front line, as alleged by the Defendant, even if the signal in the front line is a red signal, the Uton sign is not always allowed at all times at the crosswalk.

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