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(영문) 서울중앙지방법원 2017.02.01 2016고정3698
도로교통법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. On August 16, 2016, the Defendant: (a) driven such a BKa car on a two-lane basis; (b) while driving in the vicinity of the sub-sections of the sub-sections of the sub-sections of the sub-sections of the sub-sections of the Highway, the Defendant did not turn on the direction after passing over the sub-sections using the side; (c) changed rapidly the vehicle to one lane in close vicinity to the vehicle of the former C while driving on the one lane; and (d) changed rapidly the vehicle to one lane; and (e) changed rapidly the vehicle between the non-owned cargo vehicles driving on the one lane and the two lanes.

2. According to the records, on August 26, 2016, the head of the Seoul Dongdaemun Police Station notified the Defendant of each penalty on the ground that the Defendant failed to perform his/her duty of safety driving on the date and time indicated in the facts charged (violation of Article 48 of the Road Traffic Act) and violated the method of career change (violation of Article 19(3) of the Road Traffic Act), and the Defendant paid all the penalty around that time.

Accordingly, Article 164(3) of the Road Traffic Act provides that a person who has paid a penalty upon receiving a notice of penalty payment notice shall not be punished again for the same offense. Thus, the facts charged in the instant case and each of the above offenses constitute a single act recognized as identical in terms of the content of the offense, the form of the act, the legal interests and nature of the damage, and the content of the violation of the duty of care.

3. In conclusion, the facts charged in this case are subject to a final judgment, and thus, a judgment of acquittal shall be rendered in accordance with Article 326 subparagraph 1 of the Criminal Procedure Act.

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