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(영문) 인천지방법원 2018.05.11 2018고정833

자동차관리법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a holder of B D's passenger car.

No owner or possessor of a motor vehicle shall leave a motor vehicle alone on another's land without justifiable grounds.

Nevertheless, on November 26, 2014, the Defendant left the said car within the parking lot of the Nam-gu Incheon Metropolitan City, the land of another person without justifiable grounds, from the time when the date is unknown to November 26, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes to a report on detection of an offender;

1. Article 81 Subparag. 8 of the former Automobile Management Act (amended by Act No. 13486, Aug. 11, 2015); Articles 26(1)3 and 26(1)3 of the same Act regarding criminal facts; selection of fines

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

1. Article 81 Subparag. 8 of the former Automobile Management Act (amended by Act No. 13486, Aug. 11, 2015) on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was “a imprisonment for not more than one year or a fine not exceeding three million won” (amended by Act No. 13686, Dec. 29, 2015; “a fine not exceeding ten million won” was amended by Act No. 13686, Dec. 29, 2015); the Defendant did not have the same criminal history; the period and location of the Defendant; the Defendant’s age, occupation, sex, family relationship, living environment, circumstances leading to the crime; and the circumstances following the crime, etc. shall be comprehensively determined as per the order of the punishment as stated in the records.