logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.03.12 2013노5310
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the road structure that has a signal system for a vehicle prior to mistake of facts has been 0.01% or less across the country, it could not be known that the Defendant had a signal, etc. at this point, it does not constitute a violation of the signal.

B. The sentence of a fine of KRW 60,000 imposed by the lower court on the Defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. According to Article 5(1) of the Road Traffic Act, drivers of motor vehicles and riders of horses passing along a road shall follow signals displayed by traffic safety facilities (referring to signal apparatus and safety signs. see Article 3(1) of the Road Traffic Act).

B. According to the evidence duly adopted and examined by the court below, the defendant driving the motor vehicle of the defendant at the time crossing (hereinafter referred to as the "motor vehicle in this case") in the direction from the boundary of the non-powered distance to the non-exclusive road (hereinafter referred to as the "intersection") as stated in the facts charged, and driving the motor vehicle at the right side of the intersection in this case bypassing the right side of the intersection in the right side of the intersection and leading to the front of the crosswalk. ② On the above right side of the right side, the above right side sign and the safety sign are equipped with the surface "compliance with the right side signal" and a separate signal is installed for the right side of the right side. ③ On the front side of the above crosswalk, the above crosswalk has a stop line at the front of the right side of the stop line, and the above crosswalk passes beyond the safety sign "compliance with the right side of the motor vehicle in front of the right side," the motor vehicle in this case and the traffic signal of the motor vehicle in front of the right side.

arrow