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(영문) 수원지방법원 2019.11.14 2019구합850
주정차과태료부과처분취소 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On March 18, 2019, at around 09:39, the Plaintiff was found to have violated C rocketing vehicles stopping and parking regulations at the fixed parking managementCCTV on the front of the Ygu, Masan-si B.

B. On March 25, 2019, the Defendant notified the Plaintiff of the imposition of a fine for negligence for violation of parking and stopping due to such detection, and received the Plaintiff’s opinion thereon on April 2, 2019. On April 16, 2019, the Defendant imposed an administrative fine of KRW 40,000 on the Plaintiff on June 1, 2019 after deliberation by the Statement of Opinion Deliberation Committee.

(hereinafter referred to as “the imposition of a fine for negligence in this case”)

The main statutes relating to the instant case are as follows.

▣ 도로교통법 제2조(정의) 이 법에서 사용하는 용어의 뜻은 다음과 같다.

25. The term "stop" means bringing any motor vehicle to a parked state for not more than five minutes, other than parking;

No driver of any motor vehicle shall stop or park a motor vehicle in any place falling under any of the following subparagraphs:

Provided, That the same shall not apply where this Act, an order issued under this Act or an instruction of a police officer is complied with and the temporary suspension is made in order to prevent danger.

7. Where the Commissioner of the Local Police Agency deems it necessary to prevent any danger on the roads and to ensure safe and smooth flow of traffic on the roads, Article 160 (3) (including cases where Article 5, 13 (1) and (3), 14 (2), 15 (3) (including cases where Article 61 (2) applies mutatis mutandis), 17 (3), 23, 25 (1), (2) and (5), 27 (1), 29 (4) and (5), 32 through 34, 39 (4) or 60 (1) is proved by any photograph, any video or any visual recording medium, and falls under any of the following cases, the employer, etc. provided for in Article 56 (1) shall be punished by a fine for negligence not exceeding 200,000 won:

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