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(영문) 창원지방법원 밀양지원 2017.04.27 2017고정7
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

The defendant is the person who has operated the last motor vehicle B, and C is the owner of the last motor vehicle above.

1. From May 2010 to August 30, 2016, a motor vehicle should be operated by the motor vehicle user of the person who was entrusted with the matters concerning the operation, etc. of the motor vehicle by the owner of the motor vehicle or the owner of the motor vehicle from May 2010 to August 30, 2016. However, the defendant operated the motor vehicle of the last body without being entrusted with the matters concerning the operation, etc. by C, the owner of the motor vehicle from May 2010 to August 30, 2016.

2. A Mayor/Do Governor or the head of a Si/Gun/Gu who committed a crime from around August 31, 2016 to September 30, 2016, when operating a motor vehicle without justifiable grounds, may order the suspension of the operation of the relevant motor vehicle upon the consent or request of the owner of the motor vehicle, and the number of scam and scams ordered the suspension of operation of the relevant motor vehicle around April 25, 2016 at the request of C.

On August 31, 2016, the Defendant, despite being aware of the first order to suspend the operation of a motor vehicle, operated the said motor vehicle until September 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to the Motor Vehicle Registration Register;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 81-7-2, 24-2, and 24-2, Article 82-2, and Article 24-2 (2) of the Automobile Management Act (the point of operating an automobile by a person other than the user of the automobile), Articles 82, 82-2, and 24-2 of the Automobile Management Act (the point of operating the automobile in violation of an order to suspend the operation), and

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

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