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(영문) 광주지방법원 2018.06.26 2017노4035
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) was the seat belt at the time when the Defendant was subject to control.

Nevertheless, the defendant did not have a seat belt while driving.

The judgment of the court below that made the seal contains an error of mistake of facts.

2. Comprehensively taking account of the following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and examined by the court below, the defendant may recognize the fact that he/she drives without fastening the seat belt.

Defendant’s assertion is not accepted.

① The police officers and witnesses D, E, and F, who controlled the Defendant, made a statement to the effect that the Defendant did not wear a safety level at the court of the original instance. Each of the above statements was consistent and specific with the Defendant’s act and circumstances before and after the commission of the crime, and made a false statement even when taking charge of punishment for perjury.

There is credibility because it is difficult to view it.

② He had been on the spot at the time when the Defendant was in control, K in the first instance court, check the Defendant’s wearing of the Defendant’s safety bell at the first time.

(K) At the same time, the Defendant appeared to have been present while driving, and at the same time, the Defendant stated that the safety level was placed in his hand before her scambling (a witness and a police officer), and that the Defendant was in a state of stopping, as he stopped, the Defendant was in a state of scambling a longer safety level.”

The above testimony is consistent with the statement of the witness of the court below that the defendant did not wear a safety bell, and K has already made a false statement even when he was aware of the punishment for perjury.

There is credibility because it is difficult to view it.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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