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(영문) 대구지방법원 안동지원 2016.07.08 2016고정49
자동차관리법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant, as the owner of a low fluor vehicle C, was the owner of the vehicle, but the owner of the vehicle was not negligent in leaving the vehicle on the road or another's land. From January 11, 2011 to May 8, 2015, the above vehicle was left alone in the E-vehicle scrapping site located in Ansan-si.

Summary of Evidence

1. The defendant's partial statement (the defendant and his defense counsel argued that the defendant did not leave the vehicle of this case without permission since he requested the scrapping of the vehicle of this case to the E-vehicle, but in light of the evidence as seen below, the defendant did not deliver documents necessary for scrapping, such as documents related to the termination of seizure at the request of scrapping and did not confirm whether the vehicle of this case is scrapped or not even after the defendant knew of the fact that the vehicle of this case is in the E-vehicle for scrapping, it can be acknowledged that the defendant neglected the vehicle of this case without any ex post facto measures for

Therefore, we cannot accept the above argument of the defendant and defense counsel.

1. The first, second, and second types of proof of contents;

1. Application of Acts and subordinate statutes requesting the return, disposal order, ex officio public announcement and notification of scrapping of an abandoned vehicle, exercise of rights by interested persons, ex officio scrapping of an abandoned vehicle, and ex officio cancellation;

1. Article 81 Subparag. 8 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015); Articles 26(1)3 and 26(1)3 of the same Act regarding criminal facts; selection of fines

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

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

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