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(영문) 서울남부지방법원 2017.06.08 2017고단1391
도로교통법위반
Text

Defendant shall be punished by a fine of KRW 50,000.

Where the defendant does not pay the above fine, 25,000 won shall be one day.

Reasons

Punishment of the crime

On February 14, 2017, the Defendant operated a video display device (or a four-way system in which Handphones are linked) while driving a B-vehicles around 15:25, while driving the main road with an inner area near the sub-section of the main road.

Summary of Evidence

1. Partial statement of the defendant;

1. The Defendant’s assertion of the witness C’s testimony is argued to the effect that, in light of the fact that the Defendant is allowed to use a portable phone without holding it in his/her hand without using a device that enables him/her to use the portable phone during driving, a portable phone may operate the video display device even during driving in a case where a portable phone is linked to a video display device. However, in light of the fact that Article 49(1)11-2 of the Road Traffic Act regulates the video display device separately from a portable phone in consideration of the risk of operating the video display device during driving, it is regulated separately from a portable phone.

corporation may operate a video display device while operating the video display device.

Therefore, the above argument is without merit.

Application of Statutes

1. Subparagraph 1 of Article 156 of the Road Traffic Act and Article 49 (1) 11-2 of the same Act concerning facts constituting an offense;

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;

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