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(영문) 의정부지방법원 2013.09.11 2012고정3214
자동차관리법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall detached an automobile registration number plate and its seal, except where permission is obtained from the Mayor/Do Governor or where special provisions exist in other Acts.

Nevertheless, at around 21:30 on April 21, 2012, the Defendant, without permission, removed the car number plate of the D2.5 tons of freight cars, which was entered and operated by C, for the reason that C had failed to pay management expenses, insurance premiums, public charges, etc. on the roads in Gangnam-gu Seoul on the roads in Seoul, Gangnam-gu, Seoul, and on April 21, 2012, the Defendant removed the car number plate of the D2.5 tons of freight cars, which was operated by C, and on April 22, 2012, the Defendant removed the car number plate of the F F 2.5 tons of freight cars, which was operated by C, for the reason that F was unpaid management expenses, insurance premiums, public charges, etc. on the roads in front of the Gyeonggi-gu, Gyeonggi-do, and F, G2.5 tons of freight cars.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness C and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 81 subparagraph 1 of the Motor Vehicle Management Act and Articles 81 and 10 (2) of the same Act concerning criminal facts and the selection of fines for negligence;

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

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

1. As to the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that the vehicle number plate is removed by obtaining the consent of the borrower in accordance with the terms and conditions of the contract with the borrower, and that it is not unlawful since the approval of the Mayor/Do Governor was

In addition, Article 10 (2) of the Automobile Management Act provides that "the registration license plate or the seal attached pursuant to paragraph (1) shall not be detached except where permission is obtained from the Mayor/Do Governor or where special provisions exist in other Acts, and there is no evidence to acknowledge that the defendant has obtained permission from the Mayor/Do Governor as it is so detached of the number plate of the vehicle in the judgment of the Mayor/Do Governor, and the terms and conditions of the contract with the borrower as argued by the defendant.

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