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(영문) 서울북부지방법원 2017.11.03 2017노83
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to cause damage to the right side to the motor vehicle running on the right side, the defendant had operated the motor vehicle running on the right side of two to three meters of the wheels, and did not engage in any act as described in the facts charged.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted as a result of the examination of evidence as to the assertion of mistake of facts, it is recognized that the Defendant operated a main road located in the middle-gu Seoul Metropolitan Government (208) with the main road at the time of the instant case, and that the central control over the vehicles driving on the side was enforced.

While moving to the side, the defendant did not go out of the exit of the public parking lot in the salary and volcano, and tried to enter the main road into the north-west main road again.

The control police officer seems to have discovered the defendant who had been operating on the side from about 200 meters to be discovered and discovered.

Therefore, the facts charged can be fully recognized, and the defendant's assertion of mistake is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if all of the circumstances alleged by the Defendant are considered as grounds of appeal.

We do not accept the defendant's unfair argument of sentencing.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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