beta
(영문) 춘천지방법원 2018.06.11 2018고정121

자동차관리법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the owner of a salary class III general dump truck.

Where an owner of a motor vehicle intends to conduct a tubes on the items prescribed by Ordinance of Ministry of Construction and Transportation of national land, he/she shall obtain approval from the head of a Si/Gun

Nevertheless, on December 25, 2017, the Defendant, in violation of this, operated the said vehicle, which was installed on the street of reclaimed Dobri-gun on December 25, 2017, by attaching the wheels to both sides of B, B, and III general dump truck, and operated on December 25, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of photographs (B), internal investigation reports (verification of illegal structural change of a motor vehicle), investigation reports ( telephone investigation with civil petitioners), investigation reports (verification of illegal structural change of a motor vehicle) Acts and subordinate statutes;

1. Article 81 subparagraph 19 of the relevant Act and Article 81 subparagraph 19 of the Motor Vehicle Management Act, Article 34 of the Motor Vehicle Management Act (the fact that the motor vehicle has not been approved, the choice of fines), Article 81 subparagraph 20 of the Motor Vehicle Management Act, and Article 34 of the Motor Vehicle Management Act (the fact that the motor vehicle has not been approved, and the choice of fines);

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. Recognizing the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, and taking into account the reflectivity, equity with similar cases, etc. as the primary factors for sentencing. In addition, comprehensively taking into account the Defendant’s age, sexual conduct, environment, motive and background of the crime, and circumstances after the crime, all the circumstances constituting the conditions for sentencing as set forth in the pleadings of the instant case, including the criminal defendant’s age, sexual conduct, background, motive and circumstance