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(영문) 의정부지방법원 2017.08.10 2017고정897

도로교통법위반

Text

The defendant shall be innocent.

Reasons

1. On April 10, 2017, the Defendant driven B Poter II cargo vehicle without putting safety seat belts on the roads of the Natural History Museum of 51-17 located in the Gwangjin-gu, Jinyang-si, Jinyang-si, Jinyang-si.

2. As to the facts charged in this case, the head of the Sinyang-ju Police Station requested a trial by applying Article 50(1) of the former Road Traffic Act (amended by Act No. 14839, Jul. 26, 2017; hereinafter the same).

Article 50 (1) of the former Road Traffic Act shall apply to the driver of a motor vehicle in order to fasten the seat belt when the motor vehicle is driven.

Provided, That this shall not apply where it is impracticable to fasten the safety seat belt due to a disease, etc. or any ground prescribed by Ordinance of the Ministry of Government Administration and Home Affairs.

“” is defined to the effect that “.

Article 31 subparag. 7 of the former Enforcement Rule of the Road Traffic Act (amended by Ordinance of the Ministry of Government Administration and Home Affairs No. 3, Jul. 26, 2017; hereinafter the same) (amended by Ordinance of the Ministry of Government Administration and Home Affairs), which has been delegated by the above provision, stipulates that “When a person engaged in the business of collecting letter of rain, collecting waste, or frequently taking part in a seat belt, drives or takes part in a motor vehicle for the relevant business.”

According to the evidence, the Defendant was engaged in the delivery and sale business of raw water to many customers while operating the instant wholesale and retail business as “C,” and at the time of the instant case, the Defendant was driving a cargo vehicle to deliver the ordered raw water to the customers.

In light of these facts, it is presumed that the Defendant was engaged in a business that requires the call of the Defendant at the time and was engaged in the operation of the truck for the pertinent business.

The evidence submitted by the prosecutor alone is insufficient to admit the guilty of the facts charged in this case without excluding such possibility.