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(영문) 서울서부지방법원 2016.12.22 2016고정1458

도로교통법위반

Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 30, 2016, the driver of a motor vehicle other than a motor vehicle (limited to an emergency motor vehicle) is prohibited from traveling on an expressway, etc., however, the defendant is stated in the bill of indictment for B-wheeled motor vehicle at the exclusive road of approximately 300 meters away from the north intersection of Yongsan-gu Seoul, Yongsan-gu to the north intersection of the distribution intersection to the road under the same section of the distribution intersection, but the motor vehicle under the Road Traffic Act is stated as "motor bicycle" in the bill of indictment for B-wheeled motor vehicle. However, the motor bicycle under the Road Traffic Act is stated as "motor bicycle"

(a).

According to this item, a two-wheeled vehicle or a motor of less than 125cc engine displacement of less than 50cc refers to a two-wheeled vehicle with engine displacement of 1800cc and a two-wheeled vehicle with engine displacement of 1800cc. In the meantime, as long as a two-wheeled vehicle operated by the Defendant was not an emergency vehicle, it constitutes a "motor vehicle or horse" subject to prohibition of traffic, such as an expressway, etc. under Article 63 of the same Act. 2) The Defendant wishes to presume the case by the time of adjudication on the constitutionality of the relevant provision of the Road Traffic Act for the same kind of case on the grounds that the relevant provision of the Road Traffic Act prohibiting and punishing the traffic of a two-wheeled vehicle except an emergency vehicle is unconstitutional.

However, on September 24, 2015, the Constitutional Court rendered a decision on the unity of Article 63 of the Road Traffic Act in the case of the Constitutional Court en banc Decision 2014HunBa291 Decided September 24, 2015, and held that the provisions related to the former Road Traffic Act are constitutional for the same purpose.

Roy passed.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Field control photographs;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant Article of the Criminal Act and Articles 154 subparagraph 6 and 63 of the Road Traffic Act, the choice of fines for the crime, and the selection of fines;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.