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(영문) 서울동부지방법원 2014.09.24 2014고정1142

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

On April 4, 2014, the Defendant is the owner of a car cpoulous car, and operated the car with the knowledge of the fact that the light light, etc. was installed in Dongdaemun-gu Seoul Metropolitan Government D without obtaining the approval of the competent authorities, and the structure was changed.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes of investigation intelligence reports;

1. Article 81 subparagraph 20 of the Motor Vehicle Management Act and Articles 81 and 34 (1) of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the argument is that the light light of this case was installed in the Korean War Veterans Association E before 20 years prior to the establishment of the Defendant, and the Defendant was engaged in the NA patrol with the view of serving the State. As such, there was no awareness of illegality. Thus, it should be deemed that the Defendant was aware of the illegality at the time of establishment of the Cheongyang Police Agency and the Seoul Police Agency, and thus, the Defendant’s responsibility should be dismissed.

2. When considering the above arguments as a matter of legal mistake, Article 16 of the Criminal Act provides that the act of the defendant's act is not punishable only when there are justifiable grounds for misunderstanding that the act of the defendant's act does not constitute a crime under the law. It is generally accepted that the act of the defendant's act constitutes a crime, but it is not punishable if there are justifiable grounds for misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding - misunderstanding misunderstanding misunderstanding Recogniz misunderstanding misunderstanding misunderstanding misunderstanding misunderstanding