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(영문) 인천지방법원 2018.11.02 2018고정2234
자동차관리법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Where the owner of a motor vehicle intends to have a pipeline on the items prescribed by Ordinance of the Ministry of Construction and Transportation of national land, he/she shall obtain approval from the head of the Si/Gun

However, on April 2018, the Defendant, without the approval of the competent authorities, operated a motor vehicle by changing the noise prevention device of the Defendant B 1800C 180C, which is owned by the Defendant, to the structure of the noise prevention device of the Defendant, and operated on August 13, 2018 at the Ri Service Center located in Yongsan-do, Gyeonggi-do around August 18:25, 2018, from around 50km to the front road of the Incheon Seo field apartment commercial apartment building.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of suspected victims of violation of the Automobile Management Act (illegal alteration of the structure);

1. Application of the Acts and subordinate statutes to the photographic of dives illegally remodeled;

1. Relevant legal provisions concerning facts constituting an offense, Article 81 subparag. 19, and Article 34 of the Motor Vehicle Management Act (the point of non-authorizationing), Article 81 subparag. 20, and Article 34 of the Motor Vehicle Management Act (the point of operating non-approvaling motor vehicles), and the selection of fines, respectively;

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

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

1. To reduce a fine for a summary order by taking into account the fact that the defendant for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment appears to have installed a noise prevention device immediately after the control of this case and restored to its original state;

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