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Defendants shall be punished by a fine of KRW 500,000.
Defendant
If A does not pay the above fine, it shall be 100.
Reasons
Punishment of the crime
No one shall dismantle any device prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport on a motor vehicle without permission.
1. Defendant A is the manager of Company B who operates the said Company.
On June 2014, the Defendant specified the B garage maintenance shop located in Seo-gu, Gwangju, by the police statement of F, G, H, I, and J E (record 11 pages) within the B garage maintenance shop located in Seo-gu, Gwangju.
It ordered the removal of the "vir" connected to the front wheels of the five metropolitan bus, and dissipated from the above five vehicles.
2. A, an employee of the Defendant B, was removed from five vehicles with respect to the Defendant’s business at the time and place specified in Paragraph 1.
Summary of Evidence
1. Defendants’ partial statement
1. The suspect interrogation protocol of the defendant A by the police;
1. Statement of the police statement of E;
1. A report on internal investigation (related to attaching photographs of evidence);
1. Results of inquiry to the Ministry of Land, Infrastructure and Transport;
1. Application of Acts and subordinate statutes to investigation reports (such as appending a certified copy of register);
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Articles 80 subparag. 4 and 35 of the former Automobile Management Act (Amended by Act No. 12146, Dec. 30, 2013) (amended by Act No. 12146, Dec. 30, 2013)
B. Defendant B: Articles 83, 80 subparag. 4, and 35 of the former Automobile Management Act (amended by Act No. 12146, Dec. 30, 2013) (amended by Act No. 12146, Dec. 30, 2013)
1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and
1. Determination as to the Defendants and their defense counsel’s assertion under Articles 70(1) and 69(2) of the Criminal Act
1. Summary of the assertion
A. The mechanism that the Defendants removed cannot be seen as a buffer device that prohibits dissolution under the Automobile Management Act and the Enforcement Decree of the said Act.
In other words, the installation of a motor vehicle is not stipulated in the law as a duty, and the vehicle without a vitality is also displayed.