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(영문) 서울북부지방법원 2016.07.07 2015고정2526

자동차관리법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant also is the owner of C Dok truck.

No one shall operate a motor vehicle with knowledge that it has been installed without obtaining approval from the head of the competent Si/Gun/Gu.

Nevertheless, around July 10, 2015, the Defendant, without obtaining approval from the competent authority on the front road of Dobong-gu Seoul Metropolitan Government, operated a motor vehicle with knowledge that it was a motor vehicle which had been installed arbitrarily by removing the walls between the driver's seat and the loading box of the said motor vehicle without obtaining approval from the competent authority.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. E statements;

1. A written accusation;

1. Application of Acts and subordinate statutes governing enforcement photographs;

1. Article 81 Subparag. 20 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015) and Article 34(1) of the same Act (amended by Act No. 13686, Dec. 29, 2015) concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his/her defense counsel regarding the assertion of the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

However, even though the defendant knew that the removal of a wall was illegal or not illegal, it is merely merely a legal site and cannot be viewed as a case falling under Article 16 of the Criminal Code. Therefore, the above argument is without merit.