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(영문) 수원지방법원 안산지원 2015.06.17 2015고단960
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Criminal facts

The Defendant, as the actual owner of modern 16KL tank vehicles, was a person who purchased the above vehicle from a person who purchased the above vehicle from a person without personal injury on November 13, 2009, even though he knew that the vehicle had been installed in a manner that prevents the tank from being loaded in order to further load water without the approval of the competent authority, in a manner that uses the tank back from the tank back with the approval of the competent authority around October 2, 1997.

No one shall operate a motor vehicle with the knowledge that the items prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport among the structures and devices of the motor vehicle, without obtaining approval from the head of a Si/Gun/Gu

Nevertheless, the Defendant, despite being aware that the tank, which is a goods-loading device, had been installed in a manner that preventss the upper part of the tank after the tank, in order to increase the maximum loading capacity without the approval of the competent authority, was operated once on August 2014 at the construction site of Sejong-si, the Defendant, even though he was aware that the tank, which is the goods-loading device, had been installed, was operated once.

Accordingly, the defendant, even though he knew that the above vehicle had been installed without obtaining the approval of the competent authority, he operated it.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation intelligence;

1. Application of motor vehicle registration certificate and Acts and subordinate statutes governing vehicles;

1. Article 81 subparagraph 20 of the Motor Vehicle Management Act and Articles 81 and 34 of the same Act concerning facts constituting an offense, the selection of a fine (including the confession and rebuttal of the accused, and the reinstatement of the original state, etc.);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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