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(영문) 전주지방법원 2018.04.03 2017고단2472
도로교통법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On November 21, 2017, the Defendant was sentenced to a suspended sentence of six months of imprisonment for a special intimidation at the Jeonju District Court (hereinafter “former District Court”) and became final and conclusive on November 29, 2017.

[Criminal facts]

1. The driver of any motor vehicle, etc. who has violated the Road Traffic Act shall not threaten or endanger other persons or cause any danger to traffic by continuing or repeatedly engaging in the conduct, such as a violation of methods for passing ahead of an expressway;

Nevertheless, the Defendant driven a B K5 car around 12:40 on August 5, 2017 and proceeded in the first lane without operating a direction device while driving the two-lane from the road located in the southyang-do, Seoul Metropolitan City, the 1-lane of the tunnel in the Namyang-gu, Seoul, Seoul, to the Seoul bank.

C Operation changed the car line rapidly in the future in the D-U.D., but changed the car line again into two lanes.

Defendant continued to proceed with approximately one minute in the two lanes above, and the difference was rapidly changed in the future of the passenger vehicle in the foregoing T-gu T-gu that was proceeding in the first lane without operating the directioner.

Accordingly, the defendant repeatedly violated the method of passing ahead of an expressway, thereby threatening or endangering others or causing danger to traffic.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle BK5 vehicle in the section of about 60 km from the roads near Sejong-gun of Gyeonggi-do, the date and time indicated in the above paragraph (1) to the roads near Seoyang-si, Seoyang-si, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation:

1. A copy of lease agreement;

1. The driver's license ledger;

1. A criminal investigation report (Attachment of a photograph of a closure);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Subparagraph 8 of Article 151-2 and Article 46-3 of the Road Traffic Act (the occupation of a breadth) concerning facts constituting an offense.

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