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(영문) 대구지방법원김천지원 2020.09.23 2020고단536
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner of the B cargo vehicle.

An owner of an automobile shall not, without obtaining approval from the head of the relevant Si/Gun/Gu, have a motor vehicle installed, and shall not operate the motor vehicle knowing that it is a motor vehicle which has been installed in violation of this.

On December 2, 2019, in order to increase the load load of the above cargo without obtaining the approval of the competent authority at the residence located in Kimcheon-si, Kimcheon-si, the Defendant installed a hack pipe in the cargo partitions, and installed the hacker, attached a steel plate fixed on the hack pipe mold, and operated the above cargo vehicle at the majority of Kimcheon-si, 152-1, around January 13, 2020.

Summary of Evidence

1. Defendant’s legal statement: (a) internal investigation report (which was submitted to the Korea Traffic Safety Authority); (b) internal investigation report (which was attached to B vehicle photographs); and (c) investigation report (the Defendant and his/her defense counsel asserted that the illegality of the instant vehicle’s conduct as his/her duties and other legitimate acts that do not violate social rules. Whether certain acts constitute legitimate acts that do not violate social rules, should be determined on an individual basis, based on specific circumstances, on an individual basis; and (d) to recognize such legitimate acts, the following requirements should be met: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method; (c) balance between the benefit and the benefit of infringement; (v) balance between the benefit of the act and the benefit of infringement; and (v) supplementary nature that there is no other means or method other than the act (see Supreme Court Decision 2017Do16073, Dec. 13, 2017).

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