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(영문) 수원지방법원 2015.10.07 2015노1282
자동차관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles that the Defendant committed a motor vehicle registration number plate as a paper, but there was no possibility of undermining the efficient management of the motor vehicle. Therefore, the Defendant’s act cannot be deemed to constitute a crime of violating the Motor Vehicle Management Act, given that the Defendant stopped two minutes to move the Defendant’s wife to the hospital.

Even if the violation of the Automobile Management Act is established, the illegality of the defendant's act is excluded as a legitimate act.

Nevertheless, the court below found Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts and misapprehension of legal principles, the defendant's act constitutes a violation of Article 81 subparagraph 1-2 and Article 10 (5) of the Automobile Management Act, and constitutes a violation of the Automobile Management Act, since the defendant's act violates Article 81 subparagraph 1-2 and Article 10 (5) of the Automobile Management Act and constitutes a violation of the Automobile Management Act, in full view of the following:

In addition, "act that does not violate social rules" under Article 20 of the Criminal Code is placed in the spirit of the entire legal order or its surroundings.

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