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(영문) 대구지방법원 2020.09.15 2020고정735
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On April 26, 2019, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Daegu District Court, and the judgment was finalized on February 13, 2020.

【Criminal Facts】

Bsch Rexroth car is newly registered as C Co., Ltd. on October 14, 2013, and the owner and the operator operate as "large-scale car" under the different name of the owner and the operator. On October 14, 2016, a person who is not a motor vehicle user (the person entrusted with matters concerning the operation, etc. of a motor vehicle) is ordered to suspend the operation of a motor vehicle without justifiable grounds pursuant to Article 24-2 (2) of the Motor Vehicle Management Act, and the registration of the motor vehicle was cancelled on October 10, 2017.

A motor vehicle user (a person entrusted with matters concerning the operation, etc. of motor vehicles by the motor vehicle owner or the motor vehicle owner) shall operate the motor vehicle.

Nevertheless, on May 12, 2017, the Defendant was not the user of the vehicle, but operated the E-cafeteria in front of the E-cafeteria located in Daegu-gu D, and the North Daegu-gu IC on May 25, 2017, respectively.

Accordingly, the defendant operated a motor vehicle twice even though he is not an automobile user.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The register of automobile, investigation report (attached to a summary order in which a suspect drivess a vehicle in this case) and summary order (Tgu District Court Decision 2017 Highest 7464), and summary order;

1. Previous records of judgment: Application of Acts and subordinate statutes to the results of inquiry, such as a report on investigation (pre-guilty records of a suspect A, confirmation of a repeated crime and concurrent crimes of latter concurrent crimes), judgment of latter concurrent crimes (Act No. 1424, Dec. 1, 201);

1. Article 81-7-2 of the Automobile Management Act and Articles 24-2 (1) of the same Act concerning facts constituting an offense and the selection of punishment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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