beta
(영문) 수원지방법원 평택지원 2017.10.19 2017고정233

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

In spite of the fact that no one is operating a vehicle ordered to stop the operation, the defendant operated a IM B-B motor vehicle owned by C under the order to stop the operation on the road near Pyeongtaek-si post office around October 26, 2016, up to 55 roads around Pyeongtaek-si. < Amended by Act No. 1417, Oct. 26, 2016>

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of vehicle operation;

1. The motor vehicle registration ledger;

1. Application of statutes to the documents sent to the public for examination of suspects;

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. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant asserts that an order to suspend operation is unreasonable, and thus, the facts charged cannot be acknowledged. However, even if an order to suspend operation is unfair, unless the order to suspend operation is revoked through the procedure of filing an objection, etc., the order to suspend operation takes effect, and if the order is violated, the Defendant’s assertion is not accepted.