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(영문) 춘천지방법원 2017.12.06 2017노456
도로교통법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 50,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles) is that the Defendant entered the intersection through the intersection and passed the central point, but the Defendant, who continued to go through the intersection, was shocked on the left side of the Defendant’s vehicle. Since the Defendant should yield the course to the Defendant’s vehicle located at the intersection, the Defendant violated the Road Traffic Act.

subsection (b) of this section.

2. An ex officio determination prosecutor shall add “Article 156 subparag. 4 and Article 31 subparag. 2 subparag. 1 of the Road Traffic Act” to the provisions of the law of selective application at the trial, and temporarily stop at the intersection where traffic is not controlled, it is impossible to confirm the right and the right or the right of the driver of any motor vehicle, or traffic is frequent, due to the selective crime.

Nevertheless, at around 11:10 on July 27, 2016, the Defendant operated a e-mail car in the private street intersection near the D cafeteria located in Kuju-si, and was straighted directly from the surface of the Pyeongtaek elementary school in the long-term parks, and did not temporarily stop, and violated the Road Traffic Act by entering the intersection.

The judgment of the court below was no longer maintained inasmuch as the amendment of the Bill of Indictment was applied for the addition of “the foregoing,” and the subject of the adjudication was changed by this court.

3. As such, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is again rendered as follows, after pleading, on the ground that there is a ground for reversal ex officio (Provided, That as long as the court found the defendant guilty of the facts charged selected in the trial as seen below, the judgment of the court below is not separately determined as to the mistake of facts or misapprehension of legal principles on the facts of the previous facts charged and the defendant's assertion on this facts) (the driver of all vehicles constituting a crime).

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