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The defendant's appeal is dismissed.
Reasons
1. According to Article 17(1) of the Road Traffic Act and the proviso of Article 19(1)1 of the Enforcement Rule of the Road Act, the passage speed is set at within 80 km each hour, in the case of the Gangnam-gu Seoul War Prisoners of War (hereinafter “road of this case”), the main point of the grounds for appeal is as follows:
In order for police to limit the traffic speed to 40 km per hour in front of the public notice of water supply among the roads in this case (hereinafter “instant control point”), a speed limitation sign shall be installed in duplicate so that drivers can fully recognize it only with common caution.
In this regard, the police performed a crackdown on speed violations with poor installation of speed limit signs at the point of the instant control, and by the unmanned controler installed at the point of the instant control, from October 2009 to July 2017, the police conducted a total of 15,241 speed violations to be discovered, and there is a defect in the location or execution method of the control.
Ultimately, since the control of speed violation at the control point of this case constitutes an abuse of the police's administrative power, the defendant cannot be punished on the ground that he operated a motor vehicle in violation of speed at the control point of this case.
However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.
2. Determination
A. According to the relevant statutes, Article 17(1) of the Road Traffic Act, and the proviso of Article 19(1)1 of the Enforcement Rule of the same Act, the traffic speed of automobiles, etc. shall be determined within 80km per hour on the general roads with two lanes or more.
However, according to Article 17 (2) 2 of the same Act and Article 19 (3) of the Enforcement Rule of the same Act, where the Commissioner General of the National Police Agency deems it necessary to prevent danger on the road and ensure safe and smooth flow of traffic on the road, he/she shall designate an area or section.