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(영문) 서울북부지방법원 2016.09.22 2016고정1196
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

No owner or possessor of a motor vehicle shall continue to leave a motor vehicle owned or operated by him/her on the road or leave it on another's land without justifiable grounds.

From July 22, 2011 to August 11, 2011, the Defendant parked a DNA observer car, which is owned by the Defendant, on the front road of Guri-si, and left the vehicle on the road without justifiable grounds.

Summary of Evidence

1. The protocol of interrogation of each police suspect against the accused and E;

1. A self-finding report, a resident report on abandoned vehicles, and a register of motor vehicle registration;

1. Application of Acts and subordinate statutes governing automobile photographs;

1. As to the facts constituting an offense, Articles 81 subparag. 8 and 26 subparag. 1 subparag. 2 of the Automobile Management Act, and the selection of a fine [the defendant, with the permission of his/her relative, parked in front of the office of his/her native Gu, and does not leave it alone, although the above vehicle was reported by a resident;

From January 201, 201 to August 10, 201, the Defendant left the said vehicle alone in light of the fact that the Defendant was continuously parked on the street other than the parking space.

[Determination]

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and the defense counsel did not know that there was a penal provision regarding the act of leaving a motor vehicle unattended, and there was a justifiable reason for leaving the motor vehicle on another’s road.

However, Article 16 of the Criminal Code provides that "the act of misunderstanding that one's act does not constitute a crime under Acts and subordinate statutes shall not be punishable only when the misunderstanding is based on reasonable grounds.

The phrase " does not mean a simple legal site, but it is generally accepted that it does not constitute a crime but, in its special circumstances, it does not constitute a crime due to an act permitted by the laws and regulations.

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