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(영문) 대구지방법원 2015.05.14 2015고정31
자동차관리법위반
Text

Defendant

A shall be punished by a fine of KRW 500,000, by a fine of KRW 1,500,000.

Defendant .

Reasons

Punishment of the crime

Defendant

The purpose of transportation, etc. is a corporation established for the purpose of transportation, etc., and the defendant A is an employee of the above company, who is a driver of the D Tracler vehicle connected to the C Track vehicle owned by the above company.

1. No person who is a defendant A shall operate a motor vehicle knowing that its structure, etc. has been modified without obtaining approval from the competent authority;

Nevertheless, at around 10:10 on October 10, 2014, the Defendant, with knowledge that the height of the loading box changed by means of attaching steel structures on the front side of the Gyeonggu Tol in Daegu, Daegu, without obtaining approval from the competent authority, was arbitrarily changed in the loading device structure.

2. Defendant Sam Co., Ltd., at the above date, at the above place, the Defendant, who is an employee of the Defendant, had the Defendant operate the truck as above in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ partial statement

1. Each police interrogation protocol against the Defendants

1. A criminal investigation report (a photographic of an illegal structure altered vehicle);

1. Application of Acts and subordinate statutes to teas, photographs;

1. Article applicable to criminal facts;

A. Defendant A: Articles 81 subparag. 20 and 34(1) of the former Automobile Management Act (amended by Act No. 12217, Jan. 7, 2014; hereinafter “former Automobile Management Act”).

B. Defendant Sampo Co., Ltd.: Article 83 of the Automobile Management Act, Articles 81 subparag. 20 and 34(1) of the former Automobile Management Act

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Determination on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. The defense counsel of the assertion asserts that the structure attached to the loading of the instant Traler constitutes a “sponsing tower” or “motor-freight wind stop” under the latter part of Article 55(1) of the Enforcement Rule of the Automobile Management Act that does not require the approval of the alteration of the structure and device.

2...

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