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(영문) 서울중앙지방법원 2015.01.29 2014노4086
도로교통법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by a minor fine of 30,000 won.

The defendant shall pay the above minor fine.

Reasons

1. The summary of the grounds for appeal did not err by misapprehending the facts charged in this case and thereby affecting the conclusion of the judgment, even though the defendant did not have the right at the time of the left turn or violated the signal or direction.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for the permission of changes in indictment and applicable provisions of Acts and subordinate statutes in the trial before the judgment on the grounds for appeal by the defendant ex officio, and the judgment of the court below cannot be maintained any more as the case is permitted by this court.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

Punishment of the crime

Where the driver of any motor vehicle intends to turn to the left at the intersection, he/she shall go slowly along the median line of the road in advance and turn to the left at the center of the intersection.

Nevertheless, the Defendant, around 17:08 on April 8, 2014, while driving a C car along the two-lanes of the C car located in Gangnam-gu Seoul Metropolitan Government Seodong, the Defendant reported that the vehicle is driven slowly on the one-lane, which is the left left-hand one, and that the vehicle runs on the two-lane (the right-hand one), without a vehicle, and violated the passage method by making the left-hand turn to the left at the intersection.

Summary of Evidence

1. The original legal statement of witness D in the court below

1. Application of statutes to a field map, location map, and field map;

1. Relevant Article of the Act on Criminal Facts and Articles 156 subparagraph 1 and 25 (2) of the Road Traffic Act that choose a penalty: Selection of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Determination as to the defendant's assertion of Articles 191(1) and 186(1) of the Criminal Procedure Act that bear litigation costs

1. The Defendant asserts the same as the above “a summary of the grounds for appeal.”

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