beta
(영문) 대구지방법원 김천지원 2018.01.23 2017고정360

자동차관리법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the owner of the vehicle Crabian Mool.

No owner of a motor vehicle shall operate the motor vehicle knowing that it is a motor vehicle which has been tubesd without obtaining approval from the competent authority.

Nevertheless, from August 2015 to June 5, 2017, the Defendant operated without permission, a wing machine installed on both sides of the loading ship without obtaining approval from the competent authority.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (Attachment, such as an automobile registration certificate);

1. The citizen newspaper, the comprehensive details of the vehicle, the response to the request for cooperation in investigation (the defendant acquired the vehicle above around August 2015, and the regular inspection of the above vehicle was completed normally on or around February 2015, and thus, the above vehicle was not aware of its failure to obtain approval. Thus, the defendant asserts that there was no intention to commit the crime of this case.

However, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the defendant can be found guilty of the crime of this case. Thus, the above assertion is rejected.

① Article 43 of the Motor Vehicle Management Act provides for a “regular inspection” separate from the “regular inspection.”

Although the regular inspection of the foregoing tower was completed normally,

However, it is difficult to see that the defendant's mistake was made as being normal to the inspection of the tubes about the above tower.

② At the time of the Defendant’s purchase of the said tower, the said tower was already installed with a wing wing machine different from the ordinary tower. As such, the Defendant was fully aware or could have been aware of whether the said tower was installed or not, and without examining whether it was normally done, it was a food truck.