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(영문) 의정부지방법원 2015.11.23 2015고정1755
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 owner of B Dok truck.

1. Where it is intended to modify the structure and devices of a motor vehicle to alter the structure and devices of the motor vehicle, the owner of the relevant motor vehicle shall obtain approval from the Mayor,

Nevertheless, the defendant did not obtain approval, and around July 201, at the Kari-si, the car center in the Guri-si around July 201, the front and rear of the above vehicle protruding out, and the building and devices of the vehicle have been modified by removing the partition wall, which is a noise prevention device.

2. No one shall operate a motor vehicle with the knowledge that its structure, etc. has been modified without approval;

Nevertheless, around 14:54 on April 4, 2012, the Defendant knowingly operated the building, etc. without obtaining approval from the head of the Dong-dong and Dong-dong cultural plaza, Dong-dong, Dong-dong, Seoyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Notification of detection of vehicles violating the Automobile Management Act, notification of an order to reinstate illegal vehicles, and details of the transshipment of the Automobile Management Act;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant legal provisions concerning facts constituting an offense, Articles 81 and 19, Article 34 (1) (the occupation of changing the structure and devices of a motor vehicle), Article 81 subparagraph 20, Article 34 (1) (the occupation of operating a motor vehicle, the structure and devices of which are changed) of the Motor Vehicle Management Act, the selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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