The judgment of the court below is reversed.

Acquittal of the accused shall be acquitted.

1. The summary of the grounds for appeal (misunderstanding of legal principles) is unlawful in the final judgment and the judgment of the court below (200,000 won) on the basis of an objection raised by the time limit, even though the Defendant received a notice of penalty payment and paid the penalty within the time limit.

2. On June 18, 2017, the Defendant, at around 10:58, operated C Poter vehicles without wearing safety belts on the national highways of 20, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun on June 18, 2017.

3. On June 18, 2017, the chief of the police station of the judgment of the political party shall notify the Defendant of a penalty of KRW 30,000 (hereinafter “instant notification disposition”) on the same ground as the foregoing paragraph 2, and accordingly, the Defendant filed a petition for a trial on August 29, 2017 with the court of the Changwon District Court’s jurisdiction, which issued a final decision.

However, according to the records of this case, the defendant can be found to have paid a penalty of KRW 30,00 to a post office on June 28, 2017, which is within the payment period.

According to Article 164(3) and Article 164(1) of the Road Traffic Act, where a person in receipt of a notice of payment of penalties has paid penalty within 10 days, he/she shall not be punished again, and this is recognized as having the effect corresponding to a final judgment on the payment of penalty by the notification (see, e.g., Supreme Court Decision 2002Do2642, Jul. 11, 2003). Therefore, once the defendant has already paid the penalty in accordance with the notification of this case, as long as the defendant has already paid the penalty in accordance with the notification of this case, the contents of the claim for adjudication of this case shall be deemed to fall under the final judgment under Article 326(1) of the Criminal Procedure

Nevertheless, the judgment below convicts the defendant, which affected the conclusion of the judgment, by misapprehending the legal principles on the validity of penalty payment.

4. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading, on the grounds that the appeal by the defendant is well-grounded.

【Judgment in writing】