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(영문) 서울남부지방법원 2018.07.25 2018고정562
도로교통법위반
Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

[criminal records] On June 1, 2018, the Defendant was sentenced to imprisonment with prison labor for not less than ten months for computers and other use of computers, etc. at Suwon Friwon, and the above judgment became final and conclusive on June 9, 2018.

[Criminal facts] The Defendant is a person who drives CMW S100 R, and is also a driver of CMW S100 R.

On June 18, 2017, around 23:55, the Defendant operated the Obaba in approximately seven kilometers from the IC on the top of the Gyeongpo Airport in Gangseo-gu, Seoul, to the Gangseo-gu, Mu ChangIC as an exclusive road for automobiles.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the defendant;

1. Report on detection (Violation of prohibition against passage on exclusive roads for motor vehicles) - Control manual;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as the defendant's legal statement and criminal history;

1. Relevant Article of the Act and subparagraph 6 of Article 154 and Article 63 of the Road Traffic Act (the fact that a violation of prohibition of traffic, etc. is committed, the selection of fines, etc.) concerning the facts constituting an offense;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in consideration of the fact that the Defendant was not aware of having entered the motorway. However, the argument that the Defendant did not know of the indication of the prohibition of entry into and the road for automobiles at the entrance of the first chapter of ICT is difficult to accept, taking into account the following circumstances: (a) the control process of the instant case; (b) the Defendant’s age, sex behavior, environment, etc.; and (c) the conditions for sentencing specified in the instant records and pleadings, including the Defendant’s age, sex behavior, environment, etc.

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