logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.12.17 2015노1259
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have driven a vehicle at the same time and place as indicated in the facts charged, beyond the center line of yellow solid lines.

B. The Defendant of the misapprehension of the legal doctrine, as indicated in the facts charged, went beyond the center line of yellow solid lines.

Even if it is likely to obstruct the normal flow of traffic of pedestrians, other motor vehicles and horses, drivers of motor vehicles and riders of horses shall not cross the road, make a U-turn, or moving backward the motor vehicle and horses while driving the motor vehicle and horses.

(3) The drivers of motor vehicles and riders of horses shall only fall under a violation and pass along the center (where a central line is installed, referring to the central line; hereinafter the same shall apply) of the road (in cases of a road divided into the sidewalk and the roadway, referring to the roadway; hereinafter the same shall apply).

such violation shall not be deemed to have been committed.

2. Determination

A. The following circumstances, which can be acknowledged by the court below's decision on the assertion of mistake of facts and the evidence duly adopted and examined by the court below and the trial court, that is, the police officer C who controlled the defendant, stated that the defendant was aware and controlled that the defendant was proton beyond the center line of yellow solid lines while the defendant was proceeding one-lane at the entrance of the lower court at the entrance of the lower court. The above C's statement is not only specific, but also specific, it is difficult to deem that the defendant was voluntarily informed, and it is sufficiently reliable because C has no motive to dismiss the defendant, ② the structure of the road, C's control location, and the place of violation stated in the penalty payment notice at the time of control, ③ there is no particular objection as to the crime itself at the time of control, and ③ there is no accurate memory as to whether the defendant was over the center line.

arrow