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(영문) 의정부지방법원 고양지원 2018.11.01 2018고정902

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 B-learning passenger car.

From June 9, 2017 to July 10, 2017, the Defendant left the said vehicle alone at the parking lot of the Southern-gu Incheon Metropolitan City Police Station located at 32, no later than a justifiable reason, until the said vehicle is towed as an abandoned vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. A report on detection of an offender;

1. To towing and reporting an abandoned vehicle, and a notice for compulsory disposal of the abandoned vehicle;

1. On January 201, 2017, Defendant: (a) purchased a motor vehicle of this case (hereinafter “the instant motor vehicle”); (b) towing the instant motor vehicle, which is a real evidence to report the said motor vehicle to the police station; (c) thereafter, the said motor vehicle was not inspected by a summary order after the completion of the investigation; and (d) requested by the police officer in charge to request the disposal of the instant motor vehicle by the relevant police officer, but the said case was not properly handled.

As a result of judgment, I asserted that the instant vehicle was placed in the police station as it was, and that his act is a legitimate act.

However, the phrase “act which does not violate the social norms” under Article 20 of the Criminal Act refers to the act which is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether certain act is justified as a legitimate act that does not violate the social norms and thus, should be determined individually by considering the specific circumstances and on a reasonable basis. Thus, in order to recognize such legitimate act, first, the legitimacy of the motive or purpose of the act, second means or method, reasonableness of the means or method, balance between the interests of protection and infringement, fourth urgency, and fourth urgency.

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