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(영문) 서울서부지방법원 2019.06.04 2019고정174

도로교통법위반

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Defendant shall be punished by a fine of KRW 100,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving on the cargo level B.

The driver of any motor vehicle shall fasten the seat belt when he drives the motor vehicle.

Nevertheless, at around 13:28 on October 10, 2018, the Defendant driven the above vehicle according to four-lanes of the front road in Mapo-gu Seoul Metropolitan Government from the airspace as an alley in the airspace without putting the seat belt.

Summary of Evidence

1. Partial statement of the defendant;

1. Control note;

1. Each investigation report (Seo District Court's CCTV confirmation, and hearing report by police officers), stating that the defendant was not operating a road without wearing safety belts, as the police officers controlled on the crosswalk in front of the court court's gate before entering the road, while wearing safety belts before entering the road. However, according to the evidence duly adopted and examined by this court, the defendant's vehicle passed the court's regular door and operated four-lanes along the front of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government road as it goes through the court's seat, and the police officers controlled the vehicle of the defendant while going through the traffic signal and standing. Accordingly, the defendant's argument should not be accepted).

1. Article 156 Subparag. 6 and Article 50(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of fines for criminal facts;

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

1. The sentencing conditions indicated in the records, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined in light of the following: (a) there is no criminal history to punish the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, which exceeds the suspended sentence of imprisonment; and (b) the sentencing conditions