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(영문) 서울남부지방법원 2020.08.18 2019노1354
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal has no evidence to prove that a defendant has driven a vehicle in violation of the signal;

2. The judgment of the court below is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, that is, the defendant, from the intersection where signal, etc. was installed, controlled by patrol vehicles at the right side of the road that fell short of 150 meters from the direction of the defendant's vehicle to the direction of the traffic, and the defendant argued that he did not know whether he violated the signal by passing through the intersection without recognizing that the signal, etc. was loaded on the road at the time, and that he did not know whether he was in violation of the signal, etc., as stated in the judgment below. The patrol police officer stated that "at the time, he installed the walk on the right side of the road and set off the signal on the right side, and sent the signal signal to the right side." At that time, the defendant made a concrete statement on the situation at the time of "at that time, the defendant did take safety measures by leading the signal to the right side, and there was no other motive or reason to make a false statement. Thus, considering the credibility of the statement, it can be acknowledged without passing through the cross signal.

Ultimately, the defendant's above assertion is without merit.

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

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