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(영문) 대구지방법원 2016.09.30 2016고정1659
자동차관리법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Records] On August 31, 2016, the Defendant was sentenced to imprisonment with prison labor for a special intimidation, etc. at the Daegu District Court and a fine of KRW 2.5 million for the same year.

9.8 The above judgment became final and conclusive.

[Criminal facts] The Defendant is a driver of B Adol XD car.

When intending to have a motor vehicle installed, the approval of the competent authority shall be obtained, and no one shall operate the motor vehicle while knowing that it is a motor vehicle which has been installed without obtaining approval therefor.

Nevertheless, on February 2016, the Defendant installed a noise prevention device (one name fluor) which was not approved by the competent authority at the Kk Center, which was not aware of the trade name in the Dong, from the early police station in the Dong, and installed the motor vehicle.

From that time until March 1, 2016, the Defendant operated the said automobile at the work of the Gu and America.

Summary of Evidence

1. A protocol concerning the examination of the suspect in relation to the defendant's legal statement 1 C;

1. A written petition filed in D;

1. Original Register of Automobile Registration;

1. Investigation report (excluding the case and the EF statement);

1. Photographss of each vehicle and photographs of each G vehicle;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a copy of each judgment;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 81 subparag. 19, 34 subparag. 1 (the point of being tubesd), Articles 81 subparag. 20, 34 subparag. 20, and 34 subparag. 1 (the point of operating a motor vehicle) of the Motor Vehicle Management Act, and the choice of fines, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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