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(영문) 수원지방법원 2019.05.30 2019고정358
도로교통법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a two-wheeled vehicle B W125.

Any driver of a motor vehicle shall pass along the right side of the median line and shall not pass along the median line, and shall pass along the left side of the motor vehicle running ahead of another motor vehicle, if he/she intends to pass ahead of it in a safe speed and manner depending on the speed and route of the motor vehicle traveling ahead and other road conditions, and he/she shall not make an urgent brake, such as making a sudden stop of the motor vehicle traveling ahead or reducing the speed of the motor vehicle traveling ahead, and shall not drive any clif that may cause danger or injury to other persons or cause danger to traffic continuously or repeatedly.

Nevertheless, at around 21:35 on August 21, 2018, the Defendant driven the above two-wheeled vehicle and proceeded along the two-lanes of the three-lane street intersection in Young-gu, Young-gu, Young-si, Suwon-si, with one lane. In the same direction, even though the distance between C’s Dalpis taxi and C’s taxi was not adequate, the Defendant obstructed the central line and overtaking the said taxi in front of the said taxi, and led the Defendant to conflict with the above C’s Oalba and the above C taxi by driving the said Oalba.

As a result, the defendant continued or repeated acts such as the central crime, violation of the method of overtaking, and violation of the prohibition of rapid traffic, etc., and led to the threat or danger to other drivers including the above C and the danger of traffic.

Summary of Evidence

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement to C by the police;

1. Gabbling photographs by cutting a black image;

1. The application of Acts and subordinate statutes to aquatic accidents news reports and change of the rate thereof;

1. Relevant Articles 151-2 and 46-3 of the Road Traffic Act, the choice of fines concerning criminal facts, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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