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(영문) 대구지방법원 2014.05.15 2013노3851
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The point where the accused drives a misunderstanding of facts and misapprehension of legal principles is not an exclusive road for motor vehicles. Even if it falls under a domestic motorway, the passage of a two-wheeled motor vehicle (Obane) shall be permitted on all roads.

The provisions of the Road Traffic Act that prohibit passage of two-wheeled motor vehicles by designating motorways and punish them are unfair laws without reasonable grounds.

The judgment of the court below which found the Defendant guilty on the ground of the above provision of the Road Traffic Act is erroneous in the misapprehension of legal principles and affected the judgment.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 50,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts and misapprehension of legal principles, the defendant can sufficiently recognize the fact that the defendant driven a motor vehicle off at the three-lane adjacent to the high fluorium as a motor vehicle for temporary border in this case.

Expressways are designated to ensure the smooth and prompt flow of motor vehicle traffic, and the driving speed of motor vehicles is more rapid than that of the general road.

A two-wheeled vehicle shall be separated from the body of the vehicle even though the driver has only minor shocks due to the structure through which the driver is exposed to the outside.

Due to these characteristics of these structure, two-wheeled vehicles are highly likely to cause traffic accidents compared to ordinary vehicles, and the death rate is high at the time of the accident.

In light of the structural characteristics of a two-wheeled vehicle and the importance of the result of the accident, it is necessary to prohibit the passage on the motorway of a two-wheeled vehicle in order to ensure the safety and traffic safety of the driver of the two-wheeled vehicle, so it is necessary to punish a person who passed the motorway by driving the two-wheeled vehicle in criminal cases.

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