Main Issues
In a case where the Defendant, who is an automobile driver, was charged with a summary order of KRW 70,000 for a fine for violation of the Automobile Management Act and filed a request for formal trial after being notified of a summary order of KRW 700,000 for the violation of the Automobile Management Act that he intentionally shielded the registration license plate on the front at the time of parking in order to avoid the crackdown on illegal parking and stopping control camera, by opening the string door behind the front at the time of parking.
Summary of Judgment
In order to avoid the crackdown on illegal parking and stopping control camera, the defendant, who is the driver of a motor vehicle, is charged with a summary order of KRW 700,000 for the violation of the Automobile Management Act and applied for formal trial after being notified of the summary order of a fine of KRW 700,000,000 for the violation of the Automobile Management Act, in which the defendant, who is the driver of a motor vehicle, intentionally gets a registration license plate
In full view of the fact that the Defendant had a previous criminal record of the same kind, which was subject to a fine for avoiding the crackdown on parking and stopping, the motive of leaving the number plate is low to avoid the crackdown on parking and stopping, the Control Board failed to re-enter the number plate even though it was difficult for him to put the number plate, the place where the number plate was placed after illegal stopping, the place where the number plate was placed after illegal stopping, the place where the number plate was left after illegal parking and the time when the vehicle was illegally parked exceeds four hours, it is reasonable to impose a fine of KRW 1,00,000 on the Defendant on the ground that it is reasonable to increase the fine for a summary order against the Defendant.
[Reference Provisions]
Articles 10(5) and 81 subparag. 1-2 of the Automobile Management Act
Escopics
Defendant
Prosecutor
South-North Korea et al.
Text
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.
In order to order the provisional payment of an amount equivalent to the above fine.
Criminal facts
On February 1, 2018, the Defendant: (a) is a driver of a passenger vehicle (vehicle number omitted); (b) no one shall hide a registration license plate nor make it illegible; and (c) no one shall operate such a motor vehicle. Nevertheless, the Defendant parked the said motor vehicle in order to avoid the crackdown on illegal parking and stopping at the vicinity of the ○○ Contracting State located in Ulsan (name omitted) on February 1, 2018, and made it difficult to identify the registration license plate by opening a string door in front of the front license plate, while parking the said motor vehicle in order to avoid the crackdown on illegal parking and stopping.
Summary of Evidence
1. Defendant's legal statement;
1. A closure of a parking or stopping CCTV image;
1. Comprehensive details of vehicles;
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Article 81 subparagraph 1-2 of the Automobile Management Act and Article 10 (5) of the Motor Vehicle Management Act.
1. Detention in a workhouse;
Articles 70(1) and 69(2) of the Criminal Act
1. Order of provisional payment;
Article 334(1) of the Criminal Procedure Act
Reasons for sentencing
In order to avoid the crackdown on parking and stopping, it is reasonable to increase the fine for a summary order (70,000 won) against the defendant, taking into account the following: (a) the defendant had a previous criminal record of the same kind who had already been punished by a fine for the purpose of avoiding the crackdown on parking and stopping; (b) the defendant's motive to put the number plate is low to avoid the crackdown on parking and stopping; (c) the defendant transferred the chemical part again and puts the number plate (see attached Form 1 and 2); (d) the place where the defendant puts the number plate after illegal stopping, the place where the defendant puts the number plate after illegal stopping, seems to be a habitual violation area with no sufficient parking space; (d) the time when the defendant illegally parked the vehicle; and (e) the defendant's attitude, which is visible in this court, should be considered.
[Attachment] Photographs 1, 2: omitted
Judges Song-young