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(영문) 부산지방법원 2016.01.07 2015고정4029
자동차관리법위반
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the actual representative of the (State) B in Busan, who owns D C cradles, and the defendant (State)B is a corporation established for the purpose of the scrap metal wholesale business.

1. Where the owner of a motor vehicle intends to change the structure and devices of a motor vehicle A, he/she shall obtain approval therefor from the head of the competent Gu, and shall not operate a motor vehicle knowing that its structure, etc. has been changed without

Nevertheless, the Defendant, without the approval of the head of the competent Gu on January 1, 2015, loaded the foregoing D-house loaded on the off-line B at the B B, the Defendant arbitrarily changed the loading equipment, which is the structure and device of the vehicle, by installing a 1m and height of 25m 1m m and 25m m m c, and operated the said cargo at the Busan Simb from around that time to June 11, 2015.

2. Defendant B, at the same time and place as in the preceding paragraph, committed the same act as in the preceding paragraph without obtaining approval from the head of the competent Gu with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes concerning photographs, structures, and specifications of violating vehicles;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 81 subparag. 19 and 34 of the former Automobile Management Act (amended by Act No. 13486, Aug. 11, 2015; hereinafter the same shall apply), and Articles 81 subparag. 20 and 34 of the former Automobile Management Act (amended by Act No. 13486, Aug. 11, 2015; hereinafter the same shall apply)

(b) Defendant B: Articles 83, 81 subparag. 19, and 34 of the former Automobile Management Act (the point of illegally tubesd motor vehicles), Articles 83, 81 subparag. 20, and 34 of the former Motor Vehicle Management Act (the point of operation of the motor vehicle, which has been illegally tubesd);

C. Selection of each fine

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendant A who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act.

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