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(영문) 인천지방법원 2020.01.16 2019고정2136
자동차관리법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A motor vehicle user (referring to a person entrusted with matters concerning the operation, etc. of motor vehicles by the motor vehicle owner or the motor vehicle owner) shall operate the motor vehicle.

On June 16, 2019, at around 01:40, the Defendant operated an EMW vehicle without being entrusted with sale, operation, etc. by the owner of the vehicle with approximately 2 km from the front of the Nam-gu Incheon Metropolitan City B apartment to the front of the Incheon Dong-gu C apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the motor vehicle register perusal Act

1. Article 81-7-2 of the Motor Vehicle Management Act and Articles 24-2 (1) of the same Act concerning criminal facts and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order recognize the facts of the instant crime.

However, the Defendant had a record of punishment for the same kind of case, and again committed the instant crime.

The Defendant’s assertion that the instant vehicle was unaware of whether it was a large-sized vehicle is difficult to believe.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. of this case and all the sentencing conditions as shown in the records and arguments.

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