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(영문) 수원지방법원 2020.04.24 2019고단7880

도로교통법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

No driver of any motor vehicle, etc. shall threaten or endanger any other person, or cause any danger to road traffic, by committing any violation of signal or instruction as prescribed by the Road Traffic Act, median course, speed violation, violation of prohibition of crossing, U-turning or moving backward, violation of prohibition of safe distance, violation of prohibition of changing course, violation of prohibition of speeding, violation of prohibition of passing, method of overtaking, violation of prohibition of passing, noise without justifiable grounds, violation of method of passing on an expressway, violation of prohibition of crossing, U-turning or moving on an expressway, etc., or by repeatedly or repeatedly doing one act.

At around 00:50 on August 23, 2019, the Defendant driven a Mati Cargo Vehicle owned by the Defendant and proceeded with a tunnel of the second line 132 km away from the two sides of the Seoul Yangyang Expressway at the two sides of the Seoul Yangyang Expressway.

Although the speed of the vehicles passing through this place is very rapid and the driving vehicles used one-way traffic road inside the tunnel in which they are traveling without a space to avoid the vehicle driving ahead, the Defendant continued to drive a moving-way on several occasions, and even at the point of 128 km on the above expressway, the Defendant continued to drive a moving-way on about 4 km and caused danger to traffic.

Summary of Evidence

1. Defendant's legal statement;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes to a report on investigation (the investigation of CCTV inside a human-sea tunnel), a report on investigation (the investigation of CCTV inside a human-sea tunnel), and a report on investigation (the details and place of control, etc.);

1. As to the facts constituting the crime of this case, the facts that the defendant for the reason of sentencing of Article 151-2 and Article 46-3 of the Road Traffic Act, which is the favorable condition to the defendant, is recognized.

However, considering the following circumstances disadvantageous to the defendant, it is inevitable to sentence imprisonment to the defendant.

- The Defendant was driving strokely at the time of the instant crime.