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(영문) 대전지방법원 천안지원 2019.09.24 2019고정347

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 B Poter II cargo vehicles.

Where the owner of a motor vehicle intends to change the structure and devices of a motor vehicle prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, he/she shall obtain approval from the head of the relevant Si/Gun/Gu, and shall not operate

Nevertheless, around 08:40 on September 17, 2018, the Defendant operated the said vehicle with the knowledge that it was installed a camping ground facility (house for vehicles) in loading the Poter II cargo in the vicinity of the C apartment distance in the front of the C apartment in the Yanancheon City without the approval of the competent authority.

Summary of Evidence

1. Partial statement of the defendant;

1. The citizen newspaper and civil petition contents. The defendant and his defense counsel acknowledged the fact that he loaded the cargo vehicle with a camping facility and operated it, but it does not constitute a change in the structure of the vehicle. However, in light of the fact that the camping facility, which the defendant loaded and operated, was manufactured for the vehicle at the beginning, was connected to the cargo vehicle, and the defendant also operated it by connecting it. The above camping facility should be used in order to load it into the cargo vehicle, and the defendant purchased it directly, it constitutes the act of installing the above camping machine constitutes the act of putting the goods loading device of the vehicle under Article 8 of the Enforcement Decree of the Automobile Management Act, and the defendant also operated it with the knowledge that it was operated. Therefore, the defendant and his defense counsel's assertion is not accepted).

1. Article 81 subparagraph 20 of the Motor Vehicle Management Act and Articles 81 and 34 (1) of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act does not coincide with the previous case.