Defendant

Defendant

Demotion and preventive model (public trial)

Incheon District Court Decision 2014Gohap343 Decided February 13, 2015

The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

The place where the defendant stops is not a bus stop.

2. Summary of the facts charged in this case

The driver of any motor vehicle shall not stop or park a motor vehicle at a place within 10 meters from the place where the pole, board, or line indicating the bus stop is installed, even though the motor vehicle driver does not stop or park a motor vehicle. On April 19, 2014, the defendant stopped (motor vehicle registration number omitted) 13 times at the Incheon International Airport Passenger Terminal Terminal bus stops on 14:25, 2014.

3. Determination

A. The meaning of "bus of bus stop" under Article 32 subparagraph 4 of the Road Traffic Act

(1) The Road Traffic Act prohibits all vehicles from stopping or parking within 10 meters from the place where a pole, signboard, or line indicating a bus stop is installed (Article 32 subparag. 4 of the Road Traffic Act). The Road Traffic Act provides that a person may be punished by a fine not exceeding 20,000 won, or a fine for life or minor fine (Article 156 subparag. 1 of the Road Traffic Act). However, there is no separate definition provision regarding the meaning of “passenger transport”.

(2) In general, the term “passenger transport service” means a bus that moves passengers to a destination. Among them, buses that transport passengers by “oil” are regulated by the Passenger Transport Service Act (a person who intends to operate passenger transport business under the aforementioned Act shall obtain a license from the competent administrative agency or register with the competent administrative agency). ① In the event that all buses are installed voluntarily for the purpose of getting off or getting off passengers, the term “ bus stops” under Article 32 subparag. 4 of the Road Traffic Act includes a place where all buses are installed voluntarily, the scope of prohibition against parking or stopping under the Road Traffic Act is unreasonably extended and arbitrary legal interpretation or legal enforcementability is not only generated, and there is no reasonable reason to prohibit stopping or stopping of passengers widely. ② On the other hand, the term “b) bus stops” under the Passenger Transport Service Act means a bus stops in public welfare nature of passenger transport business or widely used passenger vehicles by many and unspecified persons, taking into account the traffic risks and obstacles that may occur on roads, the installation of a bus stop or stopping by an administrative agency with the jurisdiction of the competent administrative agency is reasonably required to change the location or stopping of the bus.

(3) It is deemed that the “broad bus stops” under Article 32(4) of the Road Traffic Act is limited to the bus stops installed for commercial transporting passengers under the Passenger Transport Service Act.

B. Determination

There is no evidence to acknowledge that the stop No. 13 of the Incheon International Airport Passenger Terminal Linked Bus 13 has stopped (vehicle registration number omitted) by the defendant, as a stop installed for buses under the Passenger Transport Service Act.

4. Conclusion

Therefore, since the defendant's appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

The summary of the facts charged of this case is as stated in Paragraph 2, which constitutes a case where there is no proof of crime as stated in Paragraph 3, and thus, a defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act.

Judges Jeong-ho (Presiding Judge)