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(영문) 대전지방법원서산지원 2020.12.17 2020고단1152
자동차관리법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the driver of 24 tons of base truck vehicle B, which is called B.

No one shall operate or have another person operate an automobile knowing that the devices whose maximum speed is restricted are dismantled or fabricated without permission.

Nevertheless, on March 31, 2018, at around 09:37, the Defendant operated a motor vehicle with the knowledge that it arbitrarily operated the speed-restricted device at a point 32 km in the direction of the sloping Line, and on April 1, 2018, at around 10:25, 2018, at a point 25.3km in the direction of the sloping Line, to ensure that the speed of the motor vehicle exceeds 90km/h.

Summary of Evidence

1. Investigation report (verification of maintenance of speed limitation devices, etc.) of the police interrogation protocol of the accused, and application of Acts and subordinate statutes to investigation report (the maximum speed of automobiles, etc.);

1. Articles 81 subparag. 20-2 and 35 of the former Automobile Management Act (Act No. 14939) (amended by Act No. 14950, Oct. 24, 2017) (amended by Act No. 14950, Oct. 24, 2017); Articles 81 subparag. 20-2 and 351 of the former Automobile Management Act (amended by Act No. 14939, Jan. 1, 2018) concerning criminal facts; Articles 37 former part, 38(1)2 and 50 of the Criminal Act among concurrent criminal offenders

1. Articles 70 (1) 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 [Article 334(1) of the Criminal Procedure Act was alleged to have failed to know that the defendant was in operation of a speed-restricted device, but the defendant has driven the above vehicle for a considerable period of time, and there was a fact that the defendant passed the above vehicle at a speed of 107km and 108km every time, so it shall not be accepted.]

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