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(영문) 수원지방법원 2017.06.16 2016고정2950

자동차관리법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 6, 2016, the Defendant: (a) operated a CK7 car that was ordered to stop the operation on the front road of Suwon-si, Suwon-si, Suwon-si; (b) on April 11, 2016, the Jeonju market issued an order to stop the operation.

2. In 2014, the Defendant was aware of the fact that the Defendant was not a legitimate user of the vehicle, since F was in charge of the Defendant’s management of the foregoing car owned by H as a collateral for debt to G, the father of the Defendant, and that G was not in charge of the said car.

Nevertheless, on May 6, 2016, the Defendant operated the said car even if it is not a legitimate user on the front side of the YY-gu, Suwon-si, Suwon-si.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers against the defendant (two times);

1. Each police statement made to H and G;

1. Application of the motor vehicle registration ledger, the vehicle photographic Acts and subordinate statutes;

1. Article 82 subparagraph 2-2 of the relevant Act on the Management of Motor Vehicles and Article 24-2 (2) of the said Act on the facts constituting the crime (the point of operation of a motor vehicle which has violated an order to suspend operation) and Articles 81 and 81-7-2 and 24-2 (1) of the Motor Vehicle Management Act (the point of operation of a motor vehicle not entrusted);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

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