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(영문) 의정부지방법원 2020.01.16 2018노2884
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are the case where the front signal entered the yellow signal, and the signal signal cannot be seen as a violation of the signal, and there is no sign, etc. to inform the driver of the road in the structure of the road in this case that the front crosswalk cannot be confirmed as the side, and the signal system cannot be anticipated that the right turn turn turn turn is prohibited in relation to other crossings. Thus, there is no awareness or expectation of illegality.

In addition, the defendant's act is also an emergency evacuation in order to avoid the emergency situation of the large cargo vehicle at the time.

B. The sentence (one hundred thousand won of a fine) imposed by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts and misapprehension of legal principles (in particular, the evidence record 70 pages, 70 pages, and 77 cross-section photographs, etc.), the defendant could not stop the intersection at the time of the instant case while the vehicle signal, etc. at the intersection was sent to the left and right-hand turn, and have entered the intersection and left the intersection as it is, without stopping the intersection. In light of the road structure, the present situation, and the location and present situation of the vehicle signal, etc. installed at the said intersection, even if there are some visual obstacles to recognizing the crosswalks in the intersection, if a normal driver would have sufficiently recognized the signal signal, etc. installed at the said intersection, and would have been able to drive in compliance with the signal system, and there is no possibility of expectation for the defendant to observe the vehicle signal at the time.

In addition, the defendant at that time.

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