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(영문) 부산지방법원 동부지원 2017.05.18 2017고정272
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is the person who has operated the BM5 vehicle registered in the name of the original fund-raising company.

No person, other than a person entrusted with the operation, etc. of a motor vehicle by an owner of a motor vehicle or a person who owns a motor vehicle (hereinafter referred to as "motor vehicle user"), shall operate the relevant motor vehicle

Nevertheless, around 10:00 on November 25, 2016, the Defendant operated the said vehicle even if the Defendant was not a motor vehicle user in front of the southwest of each market as well as the agricultural products more than 626 percent of the Busan Shipping Daegu river.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (a copy of the operating report of a vehicle and a vehicle photograph);

1. Application of Acts and subordinate statutes to vehicle photographs, report on internal investigation (Attachment to the vehicle register), and report on internal investigation (Attachment to the original register of automobile registration);

1. Relevant legal provisions concerning facts constituting an offense, Articles 81, 7-2, and 24-2 (1) of the Automobile Management Act, and the selection of fines;

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 provides for the amount of the fine imposed on the Defendant, taking into account the following factors: (a) the Defendant’s reasons for sentencing of Article 334(1) of the Criminal Procedure Act has no record of identical crimes; (b) the Defendant operated a vehicle that is not mandatory insurance with respect to the operation of the same motor vehicle as indicated in the facts constituting a crime; (c) the Defendant was subject to a fine under the charge of violation of the Guarantee of Automobile Compensation Act (this Court Decision 2016 High Court Decision 8

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