도로교통법위반
Defendant shall be punished by a fine of 30,000 won.
Where the defendant fails to pay the above fine, 30,000 won shall be one day.
Punishment of the crime
around 15:41 on May 17, 2017, the Defendant exceeded the obligation to cross the road by violating pedestrian signal at crosswalks between the Seoul Aju Elementary School and the Seoul Elementary School, thereby complying with the signals prescribed by the Road Traffic Act.
Summary of Evidence
1. Statement by the defendant in court;
1. The defendant's assertion and judgment as to the records of control
1. The Defendant alleged that the police officers who controlled the Defendant violated the Defendant’s human rights by abusing their official authority, such as confirming the Defendant’s fingerprints with the full strength, etc., and accordingly, the instant indictment is unlawful and thus, the Defendant is acquitted.
2. Determination
A. The disposition of notification of the relevant legal doctrine is a procedure for dealing with the case promptly and simply without prosecution against the person who paid the penalty, by granting an opportunity to pay a certain amount of penalty in accordance with an administrative disposition prior to the criminal procedure, with respect to a relatively minor offense committed in violation of the Road Traffic Act, which is significant difference in the institutional purport and legal nature of the trial procedure where the court examines and determines the existence of a crime prosecuted through the trial procedure.
B. In other words, the procedure for a trial or a formal trial is not a procedure for examining whether the notification disposition is proper or not and determining whether to cancel the notification disposition, but a criminal trial procedure against a violation under Article 156 of the Road Traffic Act, such as Article 156 of the Road Traffic Act. Thus, if a person who received the notification fails to pay a penalty and fails to do so, that is, a trial or formal trial procedure, the initial notification disposition becomes invalid (see, e.g., Supreme Court Decision 2013Do1946, Apr. 11, 2013).