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(영문) 서울북부지방법원 2019.10.02 2019고정691

도로교통법위반등

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person who drives a BMW car.

On December 6, 2018, the driver of a motor vehicle must fasten the seat belt when driving the motor vehicle, but the defendant driven the motor vehicle without fastening the seat belt on the road in front of the "Dju station" located in Gangnam-gu Seoul, Gangnam-gu, Seoul.

2. No person who violates the Punishment of Minor Offenses Act shall throw away, without permission, cigarette butts, gum, suspension, wastes, dead animal, other dirty or useless things at any place;

Nevertheless, around 14:43 on December 6, 2018, the Defendant laid away cigarette butts on the road suitable for “D station” located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu C.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol of partial police interrogation of the accused;

1. Request for a criminal case against a person subject to summary trial, report on detection of traffic offenders, and detailed statement of control; and

1. Application of the video CD-related Acts and subordinate statutes at the control site;

1. Relevant Article 156 subparagraph 6 of the Road Traffic Act and Article 50 (1) of the same Act concerning the facts constituting the crime (the occupation of safety belts and the choice of fines) and Article 3 (1) 11 of the Punishment of Minor Offenses Act (the occupation of speculation in tobacco and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, based on the fact that the Defendant, by a police officer performing official duties, has prevented traffic offense, or that the police officer, despite his direct control over cigarette butts in front of the police officer, provided that he would have avoided his responsibility, and the Defendant’s attitude leading to the instant trial, etc., it does not seem that the amount of fine specified in the summary order on the Defendant is excessive.