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(영문) 서울북부지방법원 2017.08.17 2017고정1157

자동차관리법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the owner of CPoter Ⅱ trucks.

When intending to have a installed structure and device of a motor vehicle, it shall be approved by the head of the Si/Gun/Gu, and it shall not be operated with the knowledge that it is a motor vehicle which has been installed.

Nevertheless, around January 18, 201, the Defendant purchased a water tank of F.R.P.P. (P. plastic strengthening of glass fiber) from the 688-ro, Ro-ro, Dongjak-gu, Seoul (No.S.P.) No. 488 (No.S. 11, 201, and installed it on the loading of the said cargo, and operated a motor vehicle installed until February 11, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Automobile registration certificate;

1. Application of Acts and subordinate statutes governing automobile photographs;

1. As to the facts constituting an offense, part of the pertinent legal provisions and the written indictment for the selection of punishment, which appears to be erroneous, were corrected to the extent that it does not infringe the defendant’s right

Articles 81 subparag. 19 and 34 of the former Automobile Management Act (Amended by Act No. 10721, May 24, 2011); Articles 81 subparag. 20 and 34 subparag. 14 of the former Automobile Management Act (Amended by Act No. 10721, May 24, 201); Articles 81 subparag. 20 and 34 subparag. 1 of the Automobile Management Act (which means operating a non-approved motor vehicle); and the

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;