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(영문) 춘천지방법원 강릉지원 2020.06.18 2017고정250
자동차관리법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is the owner and driver of a 1 ton cargo vehicle B.

1. Where any person who has a motor vehicle structure altered intends to have a motor vehicle installed for the items prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he/she shall obtain approval from the competent authority;

Nevertheless, on August 2014, the Defendant, without the approval of the competent authority, posted the camping structure ( approximately 460cc in length, approximately 190cc in width, approximately 290cc in height, and about 290cc in a vehicle) on the clock 31 ton of the above clock in Gyeonggi Kimpo-si.

2. No one shall operate a motor vehicle, knowing that it is a motor vehicle which has been tubesd without obtaining approval from the competent authority;

그런데도 피고인은 위 화물차가 관할관청에 승인을 받지 않고 튜닝된 자동차인 것을 알면서도 2017. 5. 27. 09:20경 경기 김포시 풍무로에서부터 강릉시 성산면 위촌리에 있는 강릉톨케이트 앞 도로까지 약 250km 구간에서 위 화물차를 운행하였다.

Summary of Evidence

1. Each police suspect interrogation protocol concerning the accused and the right to writing;

1. Illegal photographs, etc. of structural changes;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant legal provisions concerning facts constituting an offense and the former Automobile Management Act (amended by Act No. 15321, Dec. 26, 2017);

(hereinafter the same shall apply.

Article 81 Subparag. 19, Article 34(1) of the former Automobile Management Act (amended by Act No. 8169, Mar. 19, 200); Articles 81 Subparag. 20 and 34(1) of the former Automobile Management Act (amended by Act No. 8135, Mar. 19,

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

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

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The cargo loaded with a campus (hereinafter “camper”) on the cargo vehicle as indicated in the summary of the claim (hereinafter “instant cargo vehicle”).

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