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(영문) 창원지방법원 2019.09.06 2019고정370

도로교통법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

The defendant is a person who is engaged in the driving of B artr.

When driving any motor vehicle, no driver of any motor vehicle shall drive any motor vehicle repeatedly engage in more than two acts against the maintenance of a safe distance prescribed by road traffic-related Acts and subordinate statutes, the occurrence of noise without justifiable grounds, or the violation of a method of overtaking on an expressway, or threaten or endanger any other person, or cause any danger and injury to traffic continuously or repeatedly.

Nevertheless, the Defendant, at around 02:56 March 14, 2019, driven the above vehicle on the road to stop from driving the road from the right side of the entrance of the creative tunnel as of Kimhae-si, on the ground that the victim C (hereinafter referred to as 29 years of age) driven by the road to the right side prior to the right side of the CheongIC direction at the front of the same direction, failed to maintain the safety distance as stipulated in the Crata or the Road Traffic Act and subordinate statutes, led to raising the damaged vehicle toward the direction of the damaged vehicle by securing the safety distance as stipulated in the Drata or the Road Traffic Act and subordinate statutes, followed the distance of about 300M by overtaking the damaged vehicle without the direction, thereby leaving the lane of the damaged vehicle in a way that would threaten the said victim or causing danger to traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes for report on internal investigation (verification of black records and video recording filed by a reporter);

1. Relevant Article 151-2 and subparagraph 5 of Article 46-3 of the Road Traffic Act and the selection of fines for criminal facts;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be comprehensively considered to determine the sentence as ordered.

A favorable circumstances: The defendant recognizes the crime of this case.

Unfavorable circumstances: