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(영문) 대전지방법원 천안지원 2018.06.25 2018고단791
동물보호법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay a fine, the period of 10,000 won shall be converted into one day.

Reasons

Punishment of the crime

1. On October 31, 2017, the Defendant violated the Animal Protection Act: (a) around 17:30 on October 31, 2017, the Defendant proceeded in a state of being towed on the road while driving a small dog owned by the Defendant at a distance of about 500 meters from the back part of the Ortop of the Defendant’s operation, and driving a small dog at a distance of about 500 meters; and (b) at a speed of 1 math of the small dog at a speed not depending on the direction-setting; and (c) sustained the injury, such as the bell of the front part of the right, the saw, and the saw of the saw.

Accordingly, the defendant abused animals using tools.

2. Violation of the Road Traffic Act (Non-licenseless Driving) driving a two-wheeled vehicle owned by the Defendant for about 500 meters from the south-gu Do to the roads in front of the C market located in the south-gu Do in the south-gu Do without obtaining the temporary motor device bicycle driver’s license as set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence and a report on the internal investigation;

1. CCTV photographs and video materials at the time of committing the crime;

1. The driver's license ledger;

1. Medical opinions, etc.;

1. Application of Acts and subordinate statutes to a investigative report (STV image verification);

1. Article 46 (1) 1, Article 8 (2) 1 (animal abuse), Article 154 subparagraph 2, and Article 43 (Unlicensed Driving) of the Road Traffic Act, and the selection of fines for each crime;

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the background and consequence of the instant crime; (b) the method and consequence of animal abuse; (c) the record of punishment for unauthorized driving; and (d) the age

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