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(영문) 서울동부지방법원 2018.04.10 2018고정116
도로교통법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a driver of Crash car.

No driver of any motor vehicle, etc. shall threaten or endanger other persons, or cause any danger to traffic, by continuously or repeatedly committing any act, such as a violation of signal or direction indicated by traffic safety facilities, a violation of prohibition of changing course, a violation of prohibition of rapid operation, or an occurrence of noise without justifiable grounds, etc.

Nevertheless, at around 13:17 September 30, 2017, the Defendant, without turning on the direction direction, etc., on the grounds that the taxi driving on the front of Gwangjin-gu Seoul Special Metropolitan City D on the ground that the taxi was a sudden change in the course of the Defendant’s driver’s vehicle in the future, she sounded the horn in the front of the taxi and changed the course of the taxi in the front of the front line, and did not have any hindrance to the front line, she operated the taxi by repeated 2 and 3 times in front of the said taxi. On the other hand, even though she did not have any impediment or risk to the front line, the Defendant continued to take a brupt by continuously 3 and 4 times in front of the said taxi, and then, inasmuch as there was no obstacle or risk to the front line, caused danger or injury to others or to the traffic.

Accordingly, the Defendant continued to drive in distress or repeatedly, as seen above, a violation of the prohibition of change of medical treatment, a violation of the prohibition of sudden restriction, and a noise generation act without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (the analysis of black stay images);

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

1. The sentencing conditions indicated in the instant trial include: (a) there is no record of criminal punishment against the Defendant for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act; and (b) the act of changing E’s tea line and resulting in the instant crime; and (c) the punishment is determined as ordered by taking into account the sentencing conditions indicated in the instant trial.

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