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(영문) 서울중앙지방법원 2013.12.12 2013고정5089
도로교통법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No driver of any motor vehicle or horse other than a motor vehicle (limited to an emergency motor vehicle) shall drive on any expressway or motorway.

Nevertheless, at around 14:20 on August 1, 2013, the Defendant driven F 1690cc oba, and passed 4 kilometers from the internal cycle of the red control light protocol in Eunpyeong-gu Seoul Metropolitan Government to the front of the Seongbuk-dong 87-1 Yung-dong, Seongbuk-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on voluntary reports;

1. Relevant Article of the Criminal Act and Articles 154 subparagraph 6 and 63 of the Road Traffic Act, the choice of fines for the crime, and the selection of fines;

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

1. The Defendant’s assertion as to the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that Article 57 of the Road Traffic Act, which prohibits a two-wheeled vehicle from passing along the motorway, is in violation of the Constitution. However, it cannot be deemed that the said legal provision violates the Constitution (see, e.g., Constitutional Court Order 2011Hun-Ba51, Nov. 24, 2011; see, e.g., Constitutional Court Order 2011Hun-Ba51, Nov. 24, 2011), and the above assertion is rejected.

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