beta
(영문) 대구지방법원 2015.01.07 2014고정2663

자동차관리법위반

Text

Defendant

A A shall be punished by a fine of 300,000 won, and a fine of 1,200,000 won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a driver of a Dmer truck truck vehicle belonging to C, Defendant B is the representative of the above C, and the owner of the truck.

1. Where a person who intends to change the structure and devices of a motor vehicle prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he/she shall obtain approval therefor from the head of a Si/Gun

Nevertheless, at around 08:42 on September 12, 2014, the Defendant installed a string (1.8 meters high, 0.7 meters high, 0.5 meters high, 4.5 meters high, and 4.5 meters in length) on the vehicle’s loading box to the point of 134km located in the Gyeongbuk-gu, Daegubuk-gu, Busan-gu, Busan-do. In order to ensure the safety of the object, the Defendant arbitrarily operated the cargo without approval for structural change.

2. Defendant B had an employee A perform the same act as the above paragraph (1) with respect to Defendant’s duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of the defendant A by the police;

1. The suspect interrogation protocol of Defendant B concerning the police officer

1. Automobile photographs;

1. Application of Acts and subordinate statutes of registration certificate;

1. A of the corresponding legal provisions concerning criminal facts: Article 81 subparagraph 20 of the Automobile Management Act and Article 34 (1) (Selection of Fine): Defendant B of the corresponding legal provisions: Articles 83, 81 subparagraph 20 of the Automobile Management Act and Article 34 (1) of the Automobile Management Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;