logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2016.08.23 2015고정540
도로교통법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Although the driver of the instant motor vehicle is required to fasten the seat belt when driving the motor vehicle, the Defendant operated the motor vehicle with the seat belt around 16:03 on August 10, 2015, the Defendant, while driving the motor vehicle of the Cpool Police Station in the direction of the Ppool Police Station traffic center in the Ypool City and driving the motor vehicle with the seat belt at the private distance of the pharmacy located in the 1st square of the same road in the ten-years.

2. In a criminal trial, the burden of proof for the criminal facts prosecuted in the criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value that leads a judge to feel true enough that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt for guilt against the defendant, it shall be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). As long as the defendant seems to have operated without fastening the seat belt at the time of the instant case, there is a statement about D as to the fact that the defendant operated without fastening the seat belt at the time of the instant case, and a statement in D’s legal statement.

However, the following circumstances acknowledged by the evidence adopted by the court and examined by this court, namely, ① the Defendant’s vehicle is marked on the front and front side of the driver’s seat so it seems not easy to confirm whether the driver inside the vehicle wears the safety seat belt even if the vehicle was stopped. ② At the time, D, the police officer at the time, judged that the Defendant did not fasten the safety seat belt, ordered the Defendant to stop the Defendant’s vehicle to the compacter E, who controlled 20 meters away from the seat belt, and the Defendant stopped the Defendant’s vehicle at the time of stopping.

arrow