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(영문) 대구지방법원 경주지원 2018.03.29 2017고정221
자동차관리법위반
Text

Defendants shall be punished by a fine of KRW 300,000.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Defendant A is the representative of Company B, who is the owner of D's 4.5 ton of 4.5 tons, who is entrusted by the said Company with matters concerning the operation, etc. of the said vehicle.

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 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 the knowledge that it is a motor vehicle which has been installed without obtaining

Nevertheless, on April 30, 2017, the Defendant: (a) installed a rail rail box in the lower part of the D Freight loaded on the said D Freight through G, the preceding owner of the said D Freight, without obtaining the approval of the competent authority; (b) operated the said vehicle without obtaining the approval of the competent authority in approximately 3 km section from the said place to the public parking lot for the Nowon-gu bus terminal in Nowon-gu, Seoul.

2. Defendant B is a corporation established for the purpose of collecting and transporting construction wastes.

The defendant, at the date and time and place specified in paragraph 1, Gap, who is the representative of the defendant, has installed and operated a motor vehicle without the approval of the competent authority in the same manner as that specified in paragraph 1.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the examination of the suspect of each police officer against the defendant A;

1. A written accusation;

1. A certificate of detection;

1. Detection photographs;

1. Application of Acts and subordinate statutes governing registration;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 81 subparag. 19 of the Automobile Management Act, Article 34 subparag. 1 of the said Act (the point of the tubes of an approved motor vehicle), Article 81 subparag. 20 of the Motor Vehicle Management Act, Article 34 of the said Act (the point of operation of an approved motor vehicle), and the selection of fines, respectively.

B. Defendant B: Articles 83, 81 subparag. 19, and 34 of the Motor Vehicle Management Act (the point of the tubes of an approved motor vehicle), Articles 83, 81 subparag. 20, and 34 of the Motor Vehicle Management Act (no approval).

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