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(영문) 광주지방법원 2017.10.26 2017고정992
도로교통법위반
Text

The sentence against the accused shall be 200,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a driver of CRano 5 tons of cargo vehicles.

On October 10, 2016, the Defendant driven the above cargo vehicle at a speed of 10:39, and proceeded at a low speed on the side of the bus terminal located on the side of the south through two lanes in front of the Seoul Seoyang-gu Seoul Cultural Center, Seoyang-gun, Seoyang-gun, Seoul.

When driving a motor vehicle, the driver of the motor vehicle shall fasten the safety seat belt, and has a duty of care to make the passenger seated beside him/her fasten the safety seat belt.

Nevertheless, it has been controlled by police officers who are in charge of keeping the seat belt without being neglected to fasten the safety seat belt.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Video material, such as a notice of penalty payment and control site (each statement made by D, E, and F is consistent and concrete in the criminal defendant's act and the situation before and after the criminal act, and is false even when taking charge of punishment for perjury in light of the attitude of statement in this court;

Since it is difficult to view all, credibility is recognized.

Application of Statutes

1. Article 156 Subparag. 6 and Article 50 Subparag. 1 of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016); the selection of fines for criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. In full view of all the sentencing conditions indicated in the instant case, including the following circumstances and the Defendant’s age, sexual conduct, environment, the background and result of the instant crime, and the circumstances after the instant crime, for the reasons of sentencing under the main sentence of Article 186(1) of the Criminal Procedure Act, the punishment as ordered shall be determined.

A favorable condition: The defendant has no record of being punished for the same kind of crime.

It is necessary to punish the disadvantageous circumstances in light of the legislative intent of the Road Traffic Act to ensure traffic safety.

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