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(영문) 인천지방법원 2019.05.31 2019고정983
도로교통법위반
Text

Defendant shall be punished by a fine of 1.50,000 won.

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

Reasons

Punishment of the crime

Where it is evident that only a motor vehicle that has stopped or stopped due to traffic, such as the operation of a motor vehicle, etc., the driver, etc. of such motor vehicle shall immediately stop and provide the victim with his/her personal information.

Nevertheless, the Defendant, at around 11:22 on September 29, 2018, driven a B K7 car and proceeded to a backward from the Jung-gu Incheon Metropolitan City Parking Lot C, and caused damage to the driver by shocking the driver, but was immediately stopped and did not provide the victim with personal information.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents;

1. The Defendant asserts to the effect that double punishment is double punishment, since he/she was already subject to an administrative fine by the Incheon Central Police Station after cutting down a black stuff image.

In light of the above, the Criminal Procedure Act provides a penal provision for the act of violating the Road Traffic Act and provides a relatively minor person with an opportunity to pay a certain amount of penalty in accordance with the administrative disposition prior to the criminal procedure for the person who has paid the penalty without prosecution for the person who has paid the penalty. The procedure for the court to promptly and simply deal with the case is a big difference in the institutional purpose and legal nature of the trial procedure to examine and determine the existence of the criminal facts prosecuted through the criminal procedure.

Furthermore, the procedure for summary trial or formal trial is not a procedure for examining whether the disposition of notification is legitimate or not, but a criminal procedure for a violation of Article 156 of the Road Traffic Act, etc. As such, if the person subject to the disposition of notification fails to pay the penalty, and thereby the procedure for formal trial is proceeding, the initial disposition of notification becomes void.

Therefore, the chief of the competent police station does not pay the penalty imposed by the notification disposition by the due date.

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