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(영문) 서울서부지방법원 2017.11.29 2017고정1459

도로교통법위반

Text

Defendant shall be punished by a fine of KRW 100,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. No person who uses a portable telephone while driving a motor vehicle, etc. shall use a portable telephone;

Nevertheless, on September 5, 2017, the Defendant operated a two-wheeled vehicle B on September 5, 2017, and used a portable phone while bypassing it to the Han-dong-dong, Yongsan-gu, Seoul.

2. Any driver who has not presented a driver's license may request the driver to present his/her driver's license, etc. or other certificates equivalent thereto in order to ensure the safety of traffic or to maintain traffic places while driving.

Nevertheless, the Defendant did not present a driver’s license without justifiable grounds, even though the Defendant received a request for a driver’s license from the Assistant Inspector E of the Seoul Yongsan Police Station D Police Station, on the grounds of paragraph 1, at the same time and place as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to sound recording files, internal investigation reports and investigation reports filed by police officers in charge of crackdown;

1. Relevant Article of the Act and Article 156 subparagraph 1 of the Road Traffic Act, Article 49 (1) 10 (a) of the Road Traffic Act (the use of a mobile phone during the transport line), Articles 155 and 92 (2) of the Road Traffic Act (the occupation of a violation of a driver's license submission), and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;