The defendant is innocent.

The driver of a vehicle in a factory shall pass along the roadway on the road that is divided into a sidewalk and a roadway.

Nevertheless, around 13:50 on September 30, 2019, the Defendant: (a) was found to operate the bus lane C in the bus lane near the Dongjak-gu Seoul Metropolitan Government B apartment; (b) was discovered while the Defendant was informed of the details of the violation by the police officer, and the Defendant was in violation of the aforementioned order by driving the Dabba as a sidewalk while he was informed of the details of the violation by the police officer.

Article 13(1) of the Road Traffic Act provides, “The drivers of motor vehicles and riders of horses shall pass along the roadway on the road which is divided into sidewalks and roadways: Provided, That they may pass along the sidewalk when they enter a place other than the road.”

On the sole basis of the following facts: (a) the summary trial record, the summary trial record, the protocol of examination of witness to D (part of the third protocol of trial in Seoul Southern District Court 2019Da5451 case) and each protocol of control, it cannot be deemed that there is no reasonable doubt that the defendant violated the traffic method provided for in Article 13(1) of the Road Traffic Act, and there is no other evidence to acknowledge it otherwise.

Rather, according to the evidence mentioned above, the following facts are revealed: ① the Defendant was found to have driven the instant Obaba in the bus exclusive lane as indicated in the facts charged, ② the control police officer instructed the Defendant to move the instant Obaba to the sidewalk, but failed to comply with the order; ② the Defendant was forced to move the instant Obaba, leading the instant Oba to the sidewalk to the sidewalk, ③ the Defendant failed to comply with the control by the control police officer; ③ the Defendant failed to comply with the enforcement officer’s instructions; and ③ the Defendant was able to stop the instant Obaba and move the instant Obaba, which was stopped on the sidewalk to the road; ④ the Defendant was stopped by the control police officer after driving the instant Obaba and moving the instant Obaba to the road.