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(영문) 부산지방법원 2019.01.15 2018고정1825

도로교통법위반등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is driving while possessing and driving B Switzerland.

1. On August 2017, the Defendant violated the Automobile Management Act: (a) paid KRW 300,000 to a person who was absent from his name at a rest area for the Habdo Highway C, which caused him to change by raising the maximum speed of the said vehicle, set at 90km/h, by means of a method that manipulates electronic control devices (ECU) of the said vehicle.

As a result, the Defendant dismantled electric and electronic devices related to the maximum speed limitation device of automobiles without permission.

2. No driver of any motor vehicle that violates the Road Traffic Act shall drive any motor vehicle poorly repaired;

Nevertheless, the Defendant changed the maximum speed of the foregoing vehicle as described in paragraph (1) and driven the said vehicle in bad faith at a non-place from August 2017 to February 13, 2018, following the change of the maximum speed of the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Exclusionary statute

1. Relevant legal provisions and choice of punishment concerning facts constituting an offense - Articles 79 and 5-2 and 35 of the former Automobile Management Act (Amended by Act No. 15321, Dec. 26, 2017); Articles 153 (1) 1 and 40 of the Road Traffic Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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