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(영문) 서울서부지방법원 2017.08.10 2017고정583
자동차관리법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is the owner of two-wheeled automobile B.

No one shall modify part of the structure and devices of a motor vehicle or add attached objects to a motor vehicle without obtaining approval from the competent administrative agency, or operate the motor vehicle knowingly.

Around November 2016, the Defendant had operated the said two-wheeled vehicle at the front side of Mapo-gu Seoul E-Road, etc. from around 06:40 until February 13, 2017, without obtaining approval from the competent authority.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Application of Acts and subordinate statutes of one copy of the motor vehicle management manual to a report on detection, investigation report (in violation of the Motor Vehicle Management Act), and easily understandable motor vehicle navigation manuals;

1. Article 81 Subparag. 19 of the relevant Act and Articles 34 Subparag. 1 of the Motor Vehicle Management Act concerning criminal facts, the Act on the Operation of Unapproved Motor Vehicles (the point of the tubes), Articles 81 Subparag. 20 and 34 Subparag. 1 of the Motor Vehicle Management Act (the point of operation of Unapproved Motor Vehicles), and the selection of fines;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act recognizes the instant crime, and the fact that the Defendant restored to its original state, such as removal of PED after enforcement, is favorable.

However, the same amount of fine as the summary order shall be determined in consideration of the legislative purport of the Automobile Management Act, the age, sex, environment, equity with the sentencing cases in the same case, the criminal record and relationship of the defendant, etc.

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