도로교통법위반
The defendant's appeal is dismissed.
The summary of the grounds for appeal (misunderstanding of the legal principles and improper sentencing) is 60,000 won for the first time period and 72,000 won for the second time period in the violation of the Road Traffic Act with a penalty of KRW 70,000,000 for a penalty of KRW 14,000.
The defendant was notified of the disposition, and the defendant had an objection to the penalty of another violation case on the same day, and there was no objection to the penalty of this case.
The Defendant was sentenced to a fine of KRW 100,000,00, which is higher than the initial penalty, in the final adjudication procedure regarding KRW 70,000.
The Defendant stated in the reasoning of appeal that “The Defendant was sentenced to a fine of KRW 100,00 as a result of a request for formal trial after having been imposed an administrative fine of KRW 70,000,000,000,” and that the same purpose is
Although the defendant was found to have violated the law, it is illegal that the sentence of a fine higher than the original penalty is imposed without the prosecutor's statement in the trial, and it is too unreasonable that the amount of the fine (100,000 won) of the court below is too unreasonable.
Judgment
Along with Article 165(1)1 of the Road Traffic Act and Article 163(1)3 of the Road Traffic Act, a trial proceeding was initiated in accordance with an objection raised by the Defendant to the effect that the Defendant is equal to a formal trial against the facts of the instant violation (the reply against the objection, if the evidence record is evidence record 7).