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(영문) 서울중앙지방법원 2018.11.19 2018고정1554

자동차관리법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

No one shall operate any motor vehicle that is ordered by a Mayor/Do Governor or the head of a Si/Gun/Gu to stop the operation without justifiable grounds.

Nevertheless, at around 00:10 on March 18, 2018, the Defendant operated the C Kanop vehicle in violation of the order to stop the operation of the head of Gangnam-gu Seoul Metropolitan Government (registration of an order to suspend the operation on February 8, 2018), without justifiable grounds, at a distance of about 1 km from 1k to B front of Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. Reporting on detection of violations of the Automobile Management Act;

1. Efabling a text message;

1. Application of Acts and subordinate statutes to copies of the Motor Vehicle Registration Register;

1. Article 82-2 of the relevant Act and Articles 82-2 and 24-2 (2) of the Automobile Management Act concerning facts constituting an offense, and the selection of fines;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The Defendant, who was entrusted with the operation of the instant motor vehicle by D, the owner of the instant motor vehicle, operated the instant motor vehicle. As such, the order to suspend the operation requested by D did not meet the requirements under Article 24-2(2) of the Automobile Management Act, and thus, is null and void.

Therefore, even if the Defendant operated the instant vehicle, it does not constitute a person who violated the order to stop the operation under the Automobile Management Act.

B. Even if the instant order to suspend operation was effective against the Defendant, the Defendant did not have any intention to violate the Automobile Management Act, as the Defendant driven the instant vehicle without knowing the fact that the order to suspend operation was issued.

2. Determination

A. According to the evidence duly admitted and examined by this court, the following facts can be acknowledged.

(1) D shall purchase the instant motor vehicle around November 24, 2017 and register it in the name of the principal: