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(영문) 인천지방법원 2019.05.31 2019고정272
도로교통법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person driving B-learning automobiles.

When it is likely to obstruct the normal passage of other vehicles running in the direction to which the driver of a motor vehicle intends to change course, he/she shall not change his/her course, and shall not make a sudden braking, such as stopping of the motor vehicle for the purpose of changing course or reducing the speed thereof, and he/she shall not threaten or endanger other persons, or cause any danger to traffic, by committing two or more acts as above, consecutively or repeatedly.

At around 19:00 on November 13, 2018, the Defendant driven the said car on the front of Seo-gu Incheon, Seo-gu Incheon Metropolitan City, and proceeded with a D apartment room from the heart 3 side of the heart. While changing the vehicle from front of the benz vehicle driven by E rapidly to the direction of running the benz vehicle, the Defendant interfered with the normal passage of the above E, and the above E caused a threat to the said E by making a sudden bencing the light, stopping the vehicle, and causing a danger to traffic.

Accordingly, the defendant was scambling.

2. Determination

A. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence of probative value, which leads to a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s certification was not sufficiently enough to achieve such conviction, it should be determined in the interests of the defendant even if there is doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.

(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). B.

Judgment

First of all, as to whether the defendant violated the obligation to prohibit change of course or the method of overtaking as stipulated in Articles 19 and 21 of the Road Traffic Act, it shall be transferred from the inside of the victim vehicle.

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