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(영문) 수원지방법원 2014.02.12 2013고정2587
자동차관리법위반
Text

Defendants shall be punished by a fine of KRW 300,000.

Defendant

If A does not pay the above fine, KRW 50,000.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a Category D 5 tons truck truck owned by Defendant B.

No person shall operate an automobile unless it is registered in the register of automobiles.

Nevertheless, at around 15:10 on June 6, 2013, the Defendant: (a) operated a motor vehicle without registration by driving a distance of approximately 200 kilometers from the center of the Gun community located in the Gun center located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seocheon-gu to the central highway located in Seocheon-gu, Seocheon-gu, Seocheon-do, by driving the vehicle at around 200 kilometers from the center of the Gun community center located in the Gun community center.

2. Defendant B, at the time and place specified in paragraph (1) above, committed the Defendant’s act of violation as described in paragraph (1) above.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol of partial police interrogation of the accused;

1. Copy of corporate register;

1. Each report on investigation;

1. Application of statutes on site photographs;

1. Article applicable to criminal facts;

(a) Defendant A: Article 80 Subparag. 1 and Article 5 of the Automobile Management Act;

B. Defendant B: Articles 83, 80 subparag. 1, and 5 of the Automobile Management Act

1. Selection of sentence (Defendant A);

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

1. Determination as to the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. The gist of the Defendants and the defense counsel’s assertion is that the instant mobile toilets do not fall under “automobile” under the Automobile Management Act, and that the instant mobile toilets cannot be registered in accordance with the relevant Acts and subordinate statutes, and thus, the Defendants cannot be deemed to have intentional or unlawful awareness.

2. The following circumstances, namely, ① Article 2 subparag. 1 of the Automobile Management Act, which is acknowledged by taking into account the admitted evidences, is an automobile on land by a motor.

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