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(영문) 서울서부지방법원 2017.11.16 2017고단1505
도로교통법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The user, person in charge of maintenance, or driver of any motor vehicle shall be prohibited from driving any motor vehicle without any device maintained in compliance with the motor vehicle management, construction machinery management, or orders issued pursuant to this Act.

Nevertheless, the Defendant, from January 28, 2016, dismantled the data of the ECU (electronic control system), which is an electrical device, and operated a car free from the lease on the air route from March 30, 2017, where the highest speed restriction device was revoked, until March 30, 2017.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Dispatching a list of vehicles suspected of dismantling the maximum speed limit apparatus, making inquiries about unmanned control data management, and applying a copy of motor vehicle registration certificate statutes;

1. Article 153 (1) 1 and 40 of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Penalty fine of 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (Period of custody in prison: 100,000 won per day);

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (Article 59(1) of the Criminal Act (including the fact that the defendant is against the recognition of the crime of this case, the restoration of the highest speed limitation device by the order of inspection by the competent administrative authority, the fact that the defendant has no record of criminal punishment, and other conditions of sentencing prescribed by Article 51 of the Criminal Act, such as the age, sex, environment, motive for the crime, and circumstances after the crime);

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