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(영문) 서울남부지방법원 2020.11.27 2020고정1819

도로교통법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

No driver of any motor vehicle or horse other than a motor vehicle (applicable only to an emergency motor vehicle) shall drive on or cross an expressway, etc.

Nevertheless, around 09:10 on August 29, 2020, the Defendant driven BDOWN125 Oba, entered the west line, which is a motorway, on the road south of the Busan Metropolitan City, Yeongdeungpo-gu 30-ro 51, both-ro 30-gil, Yeongdeungpo-gu, Seoul, and driven the above Oba in the section of about 500 meters up to the two parallels located in the two parallel 6-ro 30-gil 6 of the same Gu.

Summary of Evidence

1. Partial statement of the defendant;

1. On-site photographs;

1. Report (Violation of Passing Prohibition) on Occurrence (Violation of Passing Prohibition) (The defendant asserts that the section from the southwest of Sungsan to the Yang grade is not a motorway, and even if it is a motorway, he did not recognize it. According to the evidence of the judgment, the defendant was found to have installed a motorway sign on the access road to the Westwest Line of Sungsan Bridge, and the defendant was found to have used the above section at all times at work, and thus, the above section cannot be deemed to have been unaware of being an motorway. Accordingly, the defendant's above assertion is not acceptable).

1. Relevant Article of the Act concerning the facts constituting a crime and subparagraph 6 of Article 154 and Article 63 of the Road Traffic Act which choose the penalty;

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;