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(영문) 의정부지방법원 고양지원 2018.09.21 2018고정758
도로교통법위반
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A driver of any motor vehicle that drives along a road shall follow signals and instructions conveyed and given by traffic safety facilities.

Nevertheless, on April 4, 2018, the Defendant driven a low-priced car around B on April 14, 2018, while driving the high-speed car and driving it on the 2nd line near the Seosan 288-8, Seosan-dong 288-8, Seosan-gu, Seosan-gu, Seosan-gu, Seosan-do, and while driving it on the Gasan-do road at the Gasan-do 2nd line, the Defendant did not follow the signal displayed by the signal apparatus, which is a traffic safety facility.

Summary of Evidence

1. Partial statement of the defendant;

1. Reading of an inquiry screen as a result of control, and a statement of control;

1. Application of field photographs and guidance statutes;

1. Relevant Article of the Act and Articles 156 subparagraph 1 and 5 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act is first asserted to the effect that the defendant's entry into the intersection and the left turn signal was changed to the yellow signal, but the yellow signal, etc., such as the vehicle signal, means that "if the vehicle or horse has a stop line or a crosswalk, it shall be stopped immediately before or after the intersection, and if the vehicle or horse has already entered the intersection, it shall proceed promptly to the intersection (see Article 4 of the Road Traffic Act, Article 6 (2), [Attachment 2] of the Enforcement Rule of the Road Traffic Act, and Article 6 (2) of the same Act [Attachment 2] of the Enforcement Rule of the same Act without stopping in yellow signals, and entering the intersection itself constitutes a violation of the signal.

In addition, the defendant asserts that the above act of the defendant is excluded from the illegality due to an emergency evacuation, but there was a danger, such as the defendant's assertion.

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