beta
(영문) 대구지방법원 서부지원 2014.12.10 2014고정1113

자동차관리법위반

Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. On July 23, 2014, the Defendants jointly changed the structure by having Defendant A install a auxiliary mold (breadth 2.2m, height 3m) on the top of the loading box of a Korean specialty truck owned by Defendant A in fact, without obtaining approval of change from the head of the competent Gu, in DMa located in Seogu Daegu-gu, Seo-gu., Seo-gu.

2. At around 14:20 on August 28, 2014, Defendant B, as the Defendant A’s representative, operated the said vehicle with the knowledge of the change in the structure at the point 17 km from the point 17 km away from the main office of the competent head of the Si/Gun/Gu, in the Seowon-gu, Seowon-gu, Daegu-gun.

3. Defendant A committed a violation under paragraph (2) in relation to his own business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Report on the occurrence of the case;

1. Three copies of photographs of the violating vehicle; and

1. Application of Acts and subordinate statutes to investigation report (Attachment of a copy of automobile registration certificate);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 81 subparag. 19 and Article 34(1) of the Automobile Management Act, Article 30 of the Criminal Act, Article 81 subparag. 20, Articles 34(1), 83 of the Automobile Management Act, and selection of fines, respectively;

B. Defendant B: Article 81 subparag. 19 and Article 34(1) of the Automobile Management Act, Article 30 of the Criminal Act, Article 81 subparag. 20 and Article 34(1) of the Automobile Management Act (the point of operating illegal structures and modified automobiles), and the choice of each fine

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

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act;