beta
(영문) 대구지방법원 서부지원 2016.06.22 2016고정402

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

The Defendant is the actual owner of the vehicle B, and the actual owner of the vehicle.

When the owner of a motor vehicle intends to conduct the tubes for the items prescribed by Ordinance of the Ministry of Construction and Transportation of the national land, he/she shall obtain approval from the head of the relevant Si/Gun/Gu, and shall not operate a motor vehicle with knowledge that it has been installed without approval.

Nevertheless, the Defendant, without obtaining approval from the head of the Si/Gun/Gu on March 2016, 2016, 'D', which is located in Daegu Si-gu, was operated by the Defendant directly from the maintenance company, and even around that time, he/she knew that he/she was a vehicle which has been installed from around March 28, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition;

1. Application of Acts and subordinate statutes concerning vehicle photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 81 subparag. 19, and Article 34 of the Motor Vehicle Management Act (the point of non-authorizationing), Article 81 subparag. 20, and Article 34 of the Motor Vehicle Management Act (the point of operating non-approvaling motor vehicles), and the selection of fines, respectively;

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;