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(영문) 서울중앙지방법원 2019.11.29.선고 2019고정799 판결

도로교통법위반,경범죄처벌법위반

Cases

2019 fixed-term 799,1613 (Joint) Violation of the Road Traffic Act and the Punishment of Minor Offenses Act

Defendant

A

Prosecutor

Kim Hong iron, Mancheon-ju (criminals), Park stuffing (public trial)

Imposition of Judgment

November 2019, 29

Text

Defendant shall be punished by a fine of KRW 300,000. Where the Defendant does not pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting the amount of KRW 100,000 into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal history, 2019 Highly799

On May 11, 2018, at around 07:55, the Defendant crossing a crosswalk where a pedestrian signal, etc. is installed at the sublime funeral intersection in the middle-gu Seoul, Jung-gu, Seoul, in order to cross a crosswalk where a pedestrian signal, etc. is installed, and thus, he/she should cross the crosswalk in violation of the pedestrian red signals. "2019, 1613"

On April 2, 2019, at around 06:40, the Defendant accessed C, a security personnel of the subway station No. 405 Seoul Han River basin No. 1, as the Yongsan-gu Seoul Metropolitan Government Han River basin No. 405, and created unstable fear, such as why, “I would like to notify the subway No. 1,” “I would like to notify the Jung-gu Office,” “I would like to remove the service,” “I would like to remove B promptly,” “I would like to sat the time,” “I would like to stop the front of women who will ask C who are security personnel, and “I would like to ask the way,” and “I would like to see that I would like to know about their behaviors,” and annoying and offcoming citizens for about 30 minutes.

Summary of Evidence

“2019 Highly 799

1. Partial statement of the police interrogation protocol of the accused;

1. A notice of payment, such as a summary trial report, summary trial, penalty, etc., "1613 fixed;

1. Statement to C by the police;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to written requests for summary judgment, control details, and internal investigation reports (inspection of CCTV images at the case site);

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 157 subparagraph 1 of the Road Traffic Act and Article 10 (2) of the Road Traffic Act (the point of non-sectioning), Article 3 (1) 19 of the Punishment of Minor Offenses Act (the point of creating a imprisonment), the selection of each fine

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act.

Judges

Judge Hong-man