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(영문) 창원지방법원 2015.01.29 2014노1791
도로교통법위반
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal argues that, if the vehicle stops in line with the stop line of the vehicle on the crosswalk installed on the road of this case, it does not appear signal apparatus through front glass, but it is difficult to believe it as it is the Defendant’s unilateral assertion, and the authenticity of the Defendant’s above assertion has not been verified through field inspection, etc. at the court below, and according to the image taken by the unmanned traffic control camera installed on the road of this case at the time of this case, other vehicles located at the right-hand side of the Defendant’s crosswalk prior to the suspension line of the crosswalk of the road of this case stopped in line with the stop signal of the vehicle of this case, and the fact that it was confirmed that the Defendant was in direct progress even before the suspension line of the vehicle of the Defendant’s driver’s vehicle of this case, it is recognized that the Defendant violated the signal, and that the Defendant was guilty of the facts charged of this case, which affected the conclusion of the judgment.

2. Determination

A. On February 1, 2014, the Defendant was on the part of the Defendant, who was driving a B-car on the road before a plenary box located in the Sinsan-si, Masan-si, Masan-si, which was in line with the stop signal, around 12:31.

B. (1) The Defendant’s assertion that: (a) the Defendant stopped on the road in line with the stop line by reporting the said stop signal on the road; (b) the direction signal was installed too near the stop line and cannot be seen as signal, etc. even after leaving the stop line; and (c) the Defendant deemed that the cross-road signal, which was on the road, inevitably, was changed to red, and came from the point of view that it was controlled by the signal signal, and that there was no intention to commit a violation of the signal.

(2) Pedestrians, drivers of motor vehicles, and riders of horses passing along the judgment road.

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