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(영문) 대전지방법원 2017.07.13 2016노2880
도로교통법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 60,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts and misapprehension of legal principles) ① Corresponding an intersection located on the west side of the Chungcheongnam-gun of Hongsung-gun, Chungcheongnam-gun (hereinafter “instant intersection”) cannot be deemed as a private distance under the road Act, and the private distance.

Although illegal vehicles, etc. are left unattended in the intersection of this case, the traffic hazard factors in the intersection of this case and the safety signs are not properly installed, the controlling police officer, in turn, failed to take measures prior to the traffic hazard factors in the intersection of this case and the matters that interfere with traffic, but puts down an illegal control against the defendant, and the prosecution of this case based on the illegal control is dismissed as the prosecution procedure of this case is invalid in violation of the provisions of the law, and it is not so.

Even if the defendant did not have the intention of violating the signal, there is a justifiable reason to believe that the defendant did not have the intention of violating the signal and would be the violation of the signal.

B. The prosecutor (unfair sentencing) sentenced by the court below to the defendant is too unfluent and unfair.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. First, according to the evidence duly adopted and examined by the court below and the court below as to the defendant's argument ①, there was a construction site at the front section of the road in the direction of the defendant's proceeding, and there was a road that can enter the construction site. The signal, etc. installed at the intersection of this case is a red, yellow, green yellow signal, etc. which is installed under the premise that the intersection of this case is a private distance (it can enter the construction site of this case by straight-distance such as green, etc.) and the intersection of this case shall be deemed to be a private distance, and this is difficult to identify the fact that the direct signs of the passage along the road surface in the direction of the defendant's proceeding.

(1) The same does not apply to any other matter.

b)in addition,

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