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(영문) 서울중앙지방법원 2020.05.18 2020고단184
도로교통법위반
Text

Defendant shall be punished by a fine of KRW 40,000.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The driver of any motor vehicle shall be prohibited from stopping or parking the motor vehicle at a place within ten meters from the edge of a road crossing or crosswalk.

Nevertheless, around 16:23 on November 13, 2019, the Defendant parked D freight cars at a place within 10 meters from the crosswalk at the entrance of the Jung-gu Seoul Metropolitan Government B market.

Summary of Evidence

1. Defendant's legal statement;

1. Summary trial records;

1. Application of statutes governing enforcement manuals;

1. Relevant Article of the Act concerning the facts constituting a crime and subparagraph 1 of Article 156 of the Road Traffic Act, and subparagraph 5 of Article 32 of the same Act, which choose a penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for the sentencing under Articles 70(1) and 69(2) of the Criminal Act for the detention in the workhouse [the scope of the sentencing penalty] 25,00 won to 10,000 won to 40,000 won (the decision of the sentence] 1,000 won to 40,000 won to be sentenced for a crime of violation of the Road Traffic Act before the suspension of execution is long, while there are unfavorable circumstances to the defendant, such as that the defendant's mistake is recognized and against the defendant's old age. However, there are circumstances favorable to the defendant, such as that the defendant's act was committed in a traditional market where the parking place falls short of the parking place, and the circumstance is somewhat favorable to the defendant. The execution of the sentence should be suspended at the same time by taking into consideration all the conditions of the sentencing indicated in the arguments of this case, such as the defendant's age, character and behavior, environment, health condition, economic condition, details, motive, means, and result of the crime.

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