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(영문) 서울남부지방법원 2015.08.11 2015고단1038

도로교통법위반

Text

Defendant shall be punished by a fine of 60,000 won.

Where the defendant fails to pay the above fine, 30,000 won shall be one day.

Reasons

Punishment of the crime

Except in cases where an emergency motor vehicle is traveling along the exclusive lane for its original emergency purpose, no motor vehicle other than those permitted to travel along the exclusive lane of a road pursuant to Article 15 (2) of the Road Traffic Act shall travel along the exclusive lane.

On March 11, 2015, at around 16:50 on March 11, 2015, the Defendant driven a DKakn II vehicle owned by C Co., Ltd. without any other passenger, and designated 415 km points on the border along the expressway as a bus exclusive lane and a multi-lane, and operated the expressway as one-lane to the said expressway installed, thus violating the prohibition of passage of the exclusive expressway.

Summary of Evidence

1. Defendant's legal statement;

1. Application of enforcement manual, penalty payment notice, and copy of a motor vehicle registration certificate to statutes;

1. Relevant Article of the Act on Criminal facts and subparagraph 1 of Article 156 and Article 15 (3) of the Road Traffic Act, which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The defendant, who is the director general of the editing bureau of C, who is a press organization, used exclusive lanes for urgent coverage and news reporting at the time of the accident. In order to guarantee fundamental rights, such as coverage, freedom of news reporting, citizen's right to know, etc., the defendant asserts that the above provision of the Road Traffic Act is unconstitutional since it does not stipulate news coverage and news reporting vehicles as emergency motor vehicles in the Road Traffic Act or the Enforcement Decree thereof, etc., which serve as the basis for the control of this case, even though it is necessary to stipulate them as emergency motor vehicles in the same manner as the vehicle of this case, and in the case of news reporting vehicles, it

However, the purpose or purpose of allowing the installation of exclusive lanes in Article 15 of the Road Traffic Act, the scope of emergency motor vehicles as stipulated in Article 22 of the Road Traffic Act and Article 2 of the Enforcement Decree thereof, the urgency of the relevant vehicles, the number of vehicles related to press reports claimed by the defendant, the situation of operation, and news gathering.