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(영문) 서울남부지방법원 2019.05.29 2019고정346
도로교통법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

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

Nevertheless, at around 15:44 on July 13, 2018, the Defendant, without fastening the seat belt, driven a rocketing car from about 4 km to the front road of Yeongdeungpo-gu Seoul Metropolitan Government (Seoul) on the roads located in Yeongdeungpo-gu, Seoul, the same Gu B-ro 2-ro 8, 8 Young-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Photographss and chassiss;

1. In light of the contents and purport of the provisions on notification and payment of penalties, etc., the person who has paid a penalty pursuant to Article 163(1) or (2) of the Road Traffic Act shall not be punished again for the same offense. In light of the provisions on notification and payment of penalty, etc., it is reasonable to interpret the above provisions to have the effect corresponding to the final judgment on the payment of penalty where the penalty was paid within the payment period, which corresponds to the final judgment on the payment of penalty (see, e.g., Supreme Court Decisions 2001Do849, Nov. 22, 2002; 2001Do849, supra). According to the evidence duly adopted and investigated by the court, the defendant does not have to be punished again for the reason that he/she failed to pay the penalty within the payment period, and the court may inform the defendant of the claim for summary judgment by applying Article 163(1) or (2) of the Act to the summary judgment procedure.

In light of these facts, the Defendant is notified of penalty.

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