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(영문) 서울중앙지방법원 2015.07.09 2015고정2210
자동차관리법위반방조
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant operates a two-wheeled motor vehicle with the trade name "C" in Seoul Jung-gu, and the owner of a two-wheeled motor vehicle shall obtain approval from the head of the Si/Gun/Gu where he/she intends to change matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport among the structures

On July 2012, the Defendant: (a) around July 3, 2012, at the Defendant’s management C, installed a two-wheeled automobile with D being aware that D, the owner of a two-wheeled automobile, intended to alter its structure and devices without obtaining approval from the head of the competent Gu, etc.; and (b) assisted D, etc. to alter its structure and devices by altering its structure and devices at least 33 times in total, as shown in the list of crimes in attached Form No. 2014, by November 4, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police interrogation protocol against E, F, G, H, I, and J;

1. The police statement of K;

1. Application of Acts and subordinate statutes to photographs inside a suspect;

1. Article 81 Subparag. 19 of the former Automobile Management Act (Amended by Act No. 12217, Jan. 7, 2014); Articles 52 and 34(1) of the same Act; Article 32(1) of the Criminal Act; the selection of fines for negligence;

1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Subparagraph 1 of the confiscated evidence (a copy of multiple contents) cannot be deemed as subject to the confiscation stipulated in each subparagraph of Article 48(1) of the Criminal Act, and thus, the confiscation of subparagraph 1 of the seized evidence shall not be ordered.

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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