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(영문) 수원지방법원 성남지원 2018.11.14 2018고단1933

자동차관리법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of the B's cryp cryp.

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

Nevertheless, on May 2018, the Defendant installed a stick-out 140m or more respectively 1,880m or right of 1,880m or right of 20m or right of 1,880m or right of 20m or right of 30m or right of 30m or right of 40m or right of 40m or right of 40m or right of 3

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to non-violation photographs, investigative reports (D telephone conversations of an accused public official) and accusation reports;

1. Article 81 subparagraph 19 of the relevant Act and Articles 34 (1) of the Automobile Management Act concerning the facts constituting an offense, and Articles 81 and 34 (1) of the same Act;

1. Under Article 62(1) of the Criminal Act of the suspended sentence, the Defendant is selected to be sentenced to imprisonment, taking into account the following factors: (a) the Defendant had the same history of sentencing several times; and (b) the Defendant is obliged to observe the provisions as a person operating a motor vehicle’s

However, the fact that the defendant is led to confession, there is no history of crime exceeding the fine, and the provision on the approval of the subscription of the Ordinance of the Ministry of Land, Transport and Maritime Affairs (including the attached Table) is not simple.

In addition, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., shall be comprehensively determined and the execution of the punishment shall be suspended.