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(영문) 부산지방법원 2018.08.30 2018노1905
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was aware that he driven the instant vehicle on the same route as the facts charged at the time, but did not violate the signal at that place.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (100,000 won) is too unreasonable.

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of fact, namely, D, the Busan East Police Station, which controlled the Defendant’s signal violations, has consistently observed from the investigative agency to the lower court, “On March 7, 2017, around 10:38, the Defendant observed the Defendant’s violation of signals by leading the Defendant to a road, leading the Defendant’s vehicle on one side at the intersection of the Busan East East-gu, Busan, the C, which was located on March 7, 2017, at the 51-ro of the Geum River-gu, Geum River-gu, Busan, Busan, to the lower court.

In full view of the following facts: “A statement is made”; ② D, along with various police officers, verified the signal system at the scene, and discovered the signal system at the time, and thereafter discovered the signal violation; ③ in the course of regulating the signal violation, D first made a false statement in order to punish the Defendant, it can be recognized that the Defendant violated the signal system as stated in the facts charged in the instant case, and thus, the Defendant’s assertion is without merit.

B. It is recognized that the Defendant had no record of criminal punishment prior to the instant case, but continues to deny the instant crime until the instant judgment was rendered, and there is no special change in circumstances after the lower judgment was sentenced.

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