beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. In light of the following circumstances acknowledged by the evidence relevant to the summary of the grounds for appeal: (a) police officer D and E verify that the Defendant violated the signal; (b) the control place of this case is the place where the vehicle appears in the new condition when passing through the intersection; and (c) the F’s statement is for rationalizing one’s signal violations; and (b) there is no credibility as it is for rationalizing one’s own signal violations, the judgment of the court below which acquitted the Defendant, even though it can be recognized that the Defendant violated the signal, has erred by misapprehending
2. Determination
A. The Defendant in the instant charges is C-wing and freight driver.
On May 7, 2014, the Defendant driven the above cargo vehicle at around 17:13, and continued the front of the Taebong Village in the Cheongbong-gu, Cheongnam-gun, Chungcheongnam-do, Taenam-do, with the view to a spoke from the spoke on the surface of the bank.
The location is a two-lane road where signal, etc. is operated, and red stop signal, etc. has been operated in the direction of the defendant at the time.
Nevertheless, the Defendant proceeded with the above road as it is on the red signal and violated the signal.
B. According to the evidence duly adopted and examined by the lower court, the lower court: (a) police officers D and E entered the intersection from the front intersection of Taebong Village (hereinafter “instant intersection”); (b) at a point located from 300 to 400 meters away from the front intersection of Taeyang Village (hereinafter “instant intersection”); (c) although signal, etc. at the control point, the instant intersection appears at the control point, the first 40 meters away from the intersection in the direction of the control point; (b) at the point where police officers E controlled, the instant intersection did not seem to have the stop line; (c) the traffic signals of the Defendant’s driver of another low-speed vehicle, along with the Defendant, entered the intersection immediately after the intersection was changed from yellow to red; and (d) at the time, the freight of the Defendant’s driver was set at a distance to a certain degree.