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(영문) 서울중앙지방법원 2019.05.01 2019고정139
도로교통법위반
Text

Defendant shall be punished by a fine of 200,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Csi belonging to B (State).

Drivers of motor vehicles and riders of horses shall pass along the center right side of the road.

Nevertheless, around September 22, 2018, the defendant invadedd the central line by disregarding the vehicle signal on the front side of the Gangnam-gu Seoul Metropolitan Government Dbuilding on September 22, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Determination as to the assertion of the Defendant and the defense counsel on the investigation report (Evidence No. 2) and photographic evidence

1. The instant location is a section marked in white lines at the center of the road, not a center line.

In addition, the place of this case can turn to the left or the walking signal to the left, so the defendant's act of making a U-turn on the driving signal at the above point can not be seen as a violation of the signal, even if it can not be seen as the center crime.

2. As stated in the facts charged, Article 2 subparagraph 5 of the Road Traffic Act, the term "median line" means a line indicated with safety signs, such as yellow solid lines or yellow domin lines, or facilities installed with medians or fences, etc., in order to clearly separate the direction of passage of motor vehicles and horses. Article 13 (3) of the Road Traffic Act provides that "the drivers of motor vehicles and horses shall pass along the center (referring to the center line in the case where the center line is installed on the road divided into sidewalks and roadways; hereinafter the same shall apply) of the road (referring to the center line; hereinafter the same shall apply) of the center of the road (in the case where the center line is installed) in order to clearly separate the direction of passage of motor vehicles and horses."

In full view of the contents of these provisions, the "median line" under the Road Traffic Act is a line indicated with safety signs on the road to clearly distinguish the direction of passage of vehicles and horses, which is obliged for drivers of vehicles and horses to pass along the right side.

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