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(영문) 서울남부지방법원 2021.01.08 2020고단3280

도로교통법위반

Text

A defendant shall be punished by a minor fine of forty thousand won.

Where the defendant fails to pay the above minor fine, 20,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a driver of a two-wheeled vehicle.

On June 4, 2020, around 16:24, the Defendant operated a two-wheeled vehicle with a sidewalk divided into the front sidewalk and the roadway of Yangcheon-gu Seoul Metropolitan Government.

Summary of Evidence

1. Partial statement of the defendant;

1. An explanatory note;

1. On-site photographs (whether or not falling under roads under Article 2 subparagraph 1 of the Road Traffic Act shall be determined in accordance with the authorization of whether or not the part in question is an open place for the traffic of many and unspecified persons or vehicles in light of the management and utilization situation of the relevant place and where the general police power is practically exercised for the purpose of maintaining traffic order, or only a specific person or a person with a specific building related thereto, who can use it and independently manage it;

Although the report of this case appears to be a part of the site of a complex building on the main side, in full view of the fact that the report of this case is directly connected to the report of this case as public road in each direction, and is open to the public without any facilities for blocking any access, and the location and use of the building and site in light of the current status of the above building and site, it seems to be freely used by many unspecified persons other than the residents of the above building, etc. to pass through the report of this case and pass through the report of public road connected in another direction, it is determined that the report of this case is an area under the jurisdiction of the general traffic police authority, and it constitutes a road under Article 2 subparagraph

Application of Statutes

1. Relevant Article 156 of the Road Traffic Act, Articles 156 subparagraph 1 and 13 (1) of the same Act and the selection of minor fine 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 concerning the order of provisional payment;