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(영문) 부산지방법원 서부지원 2019.05.15 2019고정122

자동차관리법위반

Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If B does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation with the aim of freight trucking services, etc., and Defendant B is a person who drives C14 tons of cargo vehicles of A.

1. No person who Defendant B shall dismantle a device prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport on a motor vehicle, except for cases falling under any ground prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as cases of checking, inspecting, or dismantling a

Defendant

B around March 16, 2015, in the E-automobile mechanic located in Gangseo-gu Busan Metropolitan Government, paid 110,000 won to the owner of the business using the national bank card, and dismantleed the ECU that controls C freight vehicles at the speed of 90 K km by using the program called Cummins INSE, and changed the highest speed to 100 km per hour.

As a result, Defendant B dismantled the highest speed restriction device, which is an electrical and electronic control device of automobiles, without permission.

2. Defendant A Co., Ltd. committed an offense against Defendant A’s business at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant B’s legal statement

1. Application of Acts and subordinate statutes to investigation reports (a copy of books owned by the dismantling business operator), perusal of the register of motor vehicles (A), investigation reports (the sending of cases by the dismantling business operator F and appendix of indictment);

1. Defendant B: Articles 79 subparag. 5-2 and 35 of the former Automobile Management Act (Amended by Act No. 15321, Dec. 26, 2017; hereinafter the same shall apply); Articles 83, 79 subparag. 5-2 and 35 of the former Automobile Management Act; Articles 83 and 79 subparag. 5-2 and 35 of the former Automobile Management Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;