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(영문) 광주지방법원 2018.12.20 2018고정1247
자동차관리법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is the actual owner of Mati Cargo Vehicle B.

Where an owner of a motor vehicle intends to conduct a tubes on the items prescribed by Ordinance of Ministry of Land, Infrastructure and Transport of the national land, he/she shall obtain approval from the head of a

Nevertheless, on March 2016, the Defendant, without obtaining the approval of the competent authority, installed a rail of about 30 cm above the loading box of the said cargo vehicle at the building-to-ship maintenance company located in the Southern-gu, Gwangju-gu, Gwangju-do, and operated from that time to October 10, 2018, the Defendant was driving on the expressway prior to the rest area of Seocheon-gun, Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of cases and notification of the results of violation of the Automobile Management Act;

1. Application of Acts and subordinate statutes to photographs of violating vehicles;

1. Article 81 Subparag. 19 of the relevant Act and Article 34 Subparag. 1 of the Motor Vehicle Management Act concerning criminal facts, Articles 81 and 34 Subparag. 20 of the Unapproved Motor Vehicle Management Act (the points of the tubes), Articles 81 Subparag. 20 and 34 Subparag. 1 of the Motor Vehicle Management Act (the points of the operation of Unapproved Motor Vehicle), and the selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act reflects his mistake, the defendant's restoration of the motor vehicle in its judgment, and the sentencing of the same kind of case, etc. shall be reduced by a fine for the summary order.

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