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(영문) 수원지방법원 2019.08.14 2019고단658
도로교통법위반
Text

A defendant shall be punished by a minor fine of forty thousand won.

Where the defendant fails to pay the above minor fine, 20,000 won shall be one day.

Reasons

Punishment of the crime

The driver of any motor vehicle shall not park or stop a motor vehicle on any expressway, etc.

Nevertheless, at around November 16, 2018, the Defendant stopped B Costex vehicles from the safety zone of the motor exclusive road of Seongdong-gu Seoul, Seongdong-gu, Gangnam-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of control and photograph description;

1. The defendant and his defense counsel failed to manage the unpaid person in charge of notification [the defendant and his defense counsel temporarily stopped the vehicle in the safety zone where the risk of the accident would occur if he stops the vehicle on the stroke while driving the vehicle at the time, and even if he stops the vehicle, the vehicle was stopped in the safety zone. The defendant's assertion to the purport that the disposition of a minor fine cannot be accepted without hedging such specific circumstances. However, even according to the defendant's argument, the defendant's violation of the Road Traffic Act is recognized as stated in the judgment and the above assertion is a reason to consider the sentencing,

1. Relevant Article of the Act on Criminal Facts and Articles 156 subparagraph 3 and 64 of the Road Traffic Act, which choose a penalty;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the statutory penalty for the crime of violating the Road Traffic Act in this case is a fine not exceeding 200,000 won, detention, or minor fine. Considering the circumstances asserted by the defendant, the type and amount of the punishment are determined and the punishment is deemed appropriate. Thus, the punishment is determined as per the disposition

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