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(영문) 서울중앙지방법원 2017.01.11 2016고정3523

도로교통법위반

Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

No one shall drive on or cross any expressway, etc. for any motor vehicle (limited to emergency motor vehicles for two-wheeled motor vehicles) other than motor vehicles or pedestrians.

Nevertheless, on August 27, 2016, the Defendant operated a two-wheeled vehicle from the Southern Twits of the same subparagraph to the front exit of the motion string as the Olympic Games, which is an exclusive road for motor vehicles, on August 27, 2016, within approximately four kilometers, and BBR471C two-wheeled vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. National inquiry report;

1. Statement of comparison;

1. Application of the Acts and subordinate statutes governing the operation of ozone layers;

1. Article 154 of the relevant Act and Articles 154 subparagraph 6 and 63 of the Road Traffic Act, and the selection of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act concerning the defendant's assertion of the provisional payment order asserts that criminal punishment is unfair on the grounds that the defendant did not constitute a two-wheeled automobile where traffic is prohibited on an expressway, etc., but cannot be viewed as a signboard where traffic is prohibited at the time of driving because it could not be viewed as a signboard at the time of driving.

The Olympic Games is an exclusive road for motor vehicles, which falls under the " Expressway, etc." as provided for in Article 57 of the Road Act, and the motor vehicle with engine displacement of 125cc or more operated by the defendant falls under the "motor vehicle" as provided for in Article 2 (18 (a) (5) of the Road Traffic Act, and two-wheeled motor vehicles except emergency motor vehicles pursuant to Article 63 of the same Act are prohibited from traveling on the "road, etc.".

In addition, the fact that it is an exclusive road for motor vehicles as the Olympic Games and that it was unaware of the fact that it would be subject to criminal punishment in the case of motor vehicle driving on the surface of the motor vehicle is nothing more than the site of the law, and it cannot be said that there is a legitimate ground for excluding illegality.