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(영문) 서울동부지방법원 2017.06.15 2016노2003
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

1. It is unfair to prohibit the passage of two-wheeled motor vehicles to an exclusive motor vehicle, which is a summary of the grounds for appeal, and the judgment of the court below is erroneous by misapprehending the legal principles

2. Article 57 of the Road Traffic Act provides that the traffic methods, etc. of motor vehicles or pedestrians on an expressway or an exclusive road for motor vehicles (hereinafter referred to as " expressway, etc.") shall be governed by the provisions of this Chapter, and Article 63 of the same Chapter provides that the driver of a motor vehicle other than a motor vehicle (in cases of a two-wheeled motor vehicle, limited to an emergency motor vehicle), or pedestrians shall not walk on or cross the expressway, etc., and the prohibition of traffic on the exclusive road of a two-wheeled motor vehicle except for such emergency motor vehicles, is unfair, as it is aimed at preventing danger and impediment to traffic and securing a safe and smooth traffic.

The above assertion by the defendant is without merit.

3. Accordingly, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal of this case is without merit. It is so decided as per Disposition.

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