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(영문) 울산지방법원 2016.12.01 2016노1216
도로교통법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is that, in full view of the fact that the police officer who controlled the defendant because there is almost no vehicle at the time when the defendant operated the vehicle in violation of the signal, there is no possibility or very low possibility that the police officer was aware of the defendant's violation of the signal, and that if the immediately preceding signal such as the signal that the defendant violated the signal is green signal, the signal is red signal, and the defendant's proceeding with the green signal immediately preceding signal without stopping the signal without stopping the signal is against the signal, it is unlawful that the court below acquitted the defendant, even though the charge of this case is sufficiently proven, it was erroneous in the misapprehension of legal principles and erroneous in the misapprehension of legal principles.

2. Determination

A. Although the Defendant, while driving, has a duty to comply with the signals or directions indicating traffic safety facilities, the Defendant, at around September 21, 2015, violated the signals or directions while driving the vehicles owned by himself/herself on the street in front of the Dart in Ulsan-gu C, Ulsan-gu, despite the red signal while driving the vehicles owned by himself/herself.

B. The judgment of the court below is just a statement in this court and investigation agency E, which is evidence consistent with the facts charged in this case. ① The defendant denied the signal violation at the time of the control, and requested the confirmation of the screen of the screen attached to his own vehicle without any reasonable reason, and ② the defendant submitted a written objection on September 25, 2015, which was four days after the control date, the police officer did not take such measures even though it appears that the police officer could have sufficiently secured objective data about the above violation through the examination of the black box of patrol car on which the police officer on board the police officer on board, and there was no evidence to know the reasons why the measure was not taken. ③

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