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(영문) 의정부지방법원 2014.05.01 2014고정237
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is an employee or employer of C.

1. No person who violates the Automobile Management Act shall operate an automobile unless it is registered in the register of automobile;

Nevertheless, on September 27, 2013, from around 08:00 to 11:00, C operated the 5 tons truck ( approximately 105 cm) owned by the Defendant without registering it in the register of vehicles for about 1.2 km over three occasions, a total of about 3.6 km off from the road at the entrance of a waterter to the road at the time of the government-si from the road to the road at the time of the government-Sim-si of 212-3, Jin-si. 2013.

The defendant, who is the victim, operated the motor vehicle without registering the business of the defendant in the motor vehicle register as above.

2. No employer, etc. of a violation of the Road Traffic Act (free license) shall knowingly prevent any driver who is prohibited from driving any motor vehicle under Articles 43 through 45 of the Road Traffic Act from driving the motor vehicle, etc. nor allow such driver to drive any motor vehicle, etc.;

Nevertheless, even though the defendant was a person who did not obtain a driver's license, the defendant had C drive five tons of cargo trucks as above.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of each protocol of examination of suspect by the prosecution and police concerning C;

1. Application of statutes on site photographs;

1. Relevant provisions of Article 83, Article 80 subparagraph 1, Article 5 of the Automobile Management Act concerning facts constituting an offense, and subparagraph 2 of Article 152 and Article 56 (2) of the Road Traffic Act (the point of driving without a license) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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