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(영문) 서울남부지방법원 2014.05.22 2014노296
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant did not drive a vehicle without seat belts as stated in the facts charged of this case; (b) but (c) the lower court convicted the Defendant by mistake of the fact.

2. According to the evidence duly admitted and examined by the court below, since it is sufficiently recognized that the defendant has driven a vehicle without wearing a seat belt as stated in the facts charged of this case, the court below's judgment of conviction on the above facts charged is just and there is no error of law by misunderstanding the facts as alleged by the defendant, which affected the conclusion of the judgment.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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