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(영문) 서울동부지방법원 2015.01.08 2014노1101
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant only made a left-hand turn after the right-hand turn turn, and the road that the Defendant entered by the right-hand turn at the time was a road that does not appear with the center line. The Defendant did not have any direct evidence as to the facts charged of this case, and the evidence submitted by the Prosecutor alone is insufficient to recognize the facts charged of this case, but the lower court erred by misapprehending the facts, thereby convicting

2. The judgment of this case ultimately depends on whom the defendant's statement denying the crime of this case and who made the witness D of the court below who controlled the defendant's testimony. According to the evidence duly adopted and examined by the court below, when the defendant appeared in the direction of the defendant's proceeding, U.S. is prohibited from any U.S. distance. At the time of the crime of this case, D witness D of the court below allowed U.S. to make a U.S., followed by a red signal from the first lane of the 6th line in the direction direction to U.S., <2> the above three-distance right-hand road is the entrance into a used vehicle trading center, the crosswalk installed at the entrance of the road, and the two-way road from the road entrance to the entrance of the road, and it is not easy to make a U.S. vehicle walk at one time on the road parking on both sides.

In light of the Defendant’s assertion that the Defendant entered the right line and received the left turn turn to the right line at the time of entering the right line, the shape and situation of the right line, which is the second line, and the following circumstances revealed by the evidence duly adopted and investigated by the lower court. In other words, there is no other signal standby vehicle in front of the witness D at the time of the lower court’s trial, and it seems that there is no restriction on the view of the view, and that the Defendant received the left turn turn to the right line at the time of entering the right line.

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