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(영문) 수원지방법원 안산지원 2016.10.19 2016고정1283

자동차관리법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

When a person driving a KS5-car, and an owner of a motor vehicle intends to conduct the tubes on the items prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he/she shall obtain approval from the head of the relevant Si/Gun/Gu, and shall not operate a motor vehicle with the knowledge that it is a motor vehicle

Nevertheless, on May 3, 2016, the Defendant: (a) opened the noise machine of the said K5 car without obtaining approval from the competent authority; (b) laid off the noise machine of the said K5 car; (c) laid down the noise machine; and (d) operated the said K5 car on the front of the “Hamart 1” noise machine located in the Madro 4 of the member-gu Seoul Metropolitan Government on June 3, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Report of investigation (the date, time, and location of photographing a case);

1. The written petition (the national interrogation);

1. Application of statutes on motor vehicle registration certificates;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparag. 19 and 34 of the Motor Vehicle Management Act (the Act which has installed a motor vehicle without obtaining approval), Articles 81 subparag. 20 and 34 of the Motor Vehicle Management Act (the Act which knowingly operates a motor vehicle with the knowledge that it is a motor vehicle which has been installed), and selection of fines

1. Aggravation of concurrent crimes under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (see, e.g., the confession and rebuttal of the defendant, and the reinstatement of the motor vehicle);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.