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(영문) 서울남부지방법원 2016.06.21 2016고단38
도로교통법위반
Text

Defendant shall be punished by a fine of KRW 100,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a car in B the test.

The driver of any motor vehicle shall not change in front of any other motor vehicle that stops or travels slowly in accordance with the Road Traffic Act or the Road Traffic Act.

On 13:59 on 01. 04. 01. 01. 01., the Defendant driven the above vehicle and proceeded along three-lanes of the Hyang-dong intersection in the inner direction at the sloping bank of Seo-gu Seoul Metropolitan Government Seo-gu main road.

The 1st and the 2nd lanes are in the way of the main roads, and the 3rd lanes are in the way of the passage, but the defendant is driving on the 3rd lanes, and the 1st and the 2nd two lanes are in the future of the other vehicles where the defendant was driving on the 2nd roads.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of the statutes concerning the Inspector, Control Photographs, and Control Manual;

1. Article 156 subparagraph 3 of the Road Traffic Act and Article 23 of the same Act concerning facts constituting an offense;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 200,000 won; and

2. Determination of sentence: Fine of 100,000 won;

3. The defendant asserts that the judgment of the defendant's argument is unfair to put in the three-lanes due to the error of the lane, and to the effect that regulating the above Bans without the control notice is unfair.

Article 23 of the Road Traffic Act provides that no driver of any motor vehicle shall change in the future of any other motor vehicle falling under any of the subparagraphs of Article 22(2). Article 22(2) of the same Act provides that with respect to the above "other motor vehicles", the driver of any motor vehicle shall be the motor vehicle that stops and stops in accordance with this Act or any order issued under this Act and stops or stops in order to prevent any danger and injury."

According to the records, the defendant's direction at the time of the instant case is on the first and second lanes.

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