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(영문) 서울남부지방법원 2017.12.07 2017노1760
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is erroneous that the Defendant, while making a turn turn turn to the left at the right-hand turn at the time of the instant case, he/she could not constitute a violation of the instructions given by the enforcement officer.

2. According to the following circumstances, the court below duly adopted and examined the evidence, and the defendant should proceed to turn to the left according to the direction indicated by the traffic safety facilities, but it can be sufficiently recognized that the defendant violated the direction and directly proceeded to the left.

Therefore, the defendant's assertion of mistake is rejected.

Police Officers C, who controlled Defendant at the time, consistently made a statement from investigative agencies to the court of original trial as follows:

- In the Western of the West, one lane between the three-lanes of the entrance of the hotel of shipbuilding in the West of the Seopong Island is prohibited from a straight margin because the two-lanes are marked.

- However, on the two-lanes of the straight-speed road, the traffic congestion frequently occurs, and there are many vehicles that are straighted on the first lane in order to promptly grow.

- Control police officers C was under the control of vehicles that are going straight from the right lane to the left in the vicinity of the first lane in the direction of Joseon hotel in the direction of Joseon.

- The defendant was straighted in the middle of the West in the first way of the hotel room of the Joseon in the middle of the West and was going to straight in the direction of the Joseon hotel, and C sent a signal to the defendant to turn to the left.

- 그럼에도 불구하고 피고인은 직진으로 진행하여 교차로를 완전히 건넜고, C이 피고인을 단속하게 되었다.

The defendant's assertion that the driver is easily aware of the traffic receipt, and the driver is not easily believed when considering the distance between the defendant and the crackdown police officer at the time of the signal.

3. Thus, the defendant's appeal is without merit.

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