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(영문) 서울중앙지방법원 2021.01.28 2020고정1413

도로교통법위반

Text

Defendant shall be punished by a fine of KRW 100,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On January 31, 202, the Defendant driving a B-Vehicle around 09:14, and driving along the three-lanes in the front direction of the Dongjak-gu Seoul Metropolitan Government Seoul apartment complex, and changing the course to the four-lanes, and the driver of the horse driving along the road is in violation of the direction by disregarding the indication of prohibition of direct promotion indicated on the four-lane street despite complying with the traffic safety facilities.

Summary of Evidence

1. Application of the Act and subordinate statutes to the defendant's partial statement in the court, such as the process of regulating the police interrogation protocol and video CDs and the investigation status (vehicle booms confirmation);

1. Relevant Article of the Act and Articles 156 subparagraph 1 and 5 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [The defendant and his defense counsel acknowledged the facts of the facts charged of this case, but in light of the conditions of passage and the situation of the defendant at the time, there is no possibility of expectation of lawful acts to comply with the prohibition of direct payment at the location indicated by the defendant. However, in light of the video booms video CDs and the investigation status (vehicle booms confirmation), etc., it cannot be said that there is no possibility of expectation of complying with the prohibition of direct payment solely on the basis of the circumstance alleged by the defendant.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

The reasons for sentencing are the defendant's age, sex, environment, criminal records, motive, background, means and consequence of the crime, and all factors of sentencing as shown in the trial process of this case, such as the circumstances after the crime, shall be determined as the text.