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(영문) 서울중앙지방법원 2017.02.08 2016고단8021
도로교통법위반
Text

Defendant shall be punished by a fine of KRW 40,00.

If the defendant fails to pay the above fine, 20,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, at around 21:50 on October 12, 2016, was driving, even though he/she was in a place where alcohol is prohibited, even though he/she had been driving, on the road at which 10 meters elapsed from the 5th place in the new forest basin located in the Southern-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, by 1614, the width of sculbro

B The taxi was set up.

Summary of Evidence

1. The legal statement of the witness C;

1. Application of C’s enforcement manual statutes;

1. Article 156 of the relevant Act and Articles 156 subparagraph 1 and 32 of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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

1. The defendant's assertion and judgment on this issue are prohibited from parking at the edge of the surface of the instant site, but stopping was possible, and there was a sign indicating that the parking control camera in Gwanak-gu, Seoul Special Metropolitan City, which was installed near the time, is regulated in the case of stopping exceeding five minutes. Accordingly, the above place is not prohibited from stopping, or at least because the defendant was aware that it was permitted, it does not constitute a crime.

In addition, according to the macroscopic evidence, a sign board prohibiting all of alcoholic vehicles is installed adjacent to the road near the exit of the new forest basin 5 times in the vicinity of the new forest basin, and the sign board prohibiting only parking is installed at a bus stop where the Defendant stops at a point where 10 meters have passed since the place where the Defendant stops. The above point where the Defendant stops is in accordance with Article 32 subparagraph 6 of the Road Traffic Act.

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