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(영문) 대구지방법원 2017.08.10 2017고정23
자동차관리법위반
Text

Defendant

B shall be punished by a fine of KRW 1,000,000.

Defendant

B If the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

An automobile shall be operated by the owner of the automobile or a person entrusted with the operation of the automobile by the owner of the automobile.

Nevertheless, on September 23, 2016, Defendant B operated a cub car in G even though he was not entrusted with the operation of a vehicle from the front road in the direction of about 3 km from the road in front of the city of Gyeongsan to the road in front of the city of Mat in the city of Mat.

Summary of Evidence

1. Defendant B’s legal statement (as at the third public trial date);

1. Application of Acts and subordinate statutes, such as a copy of vehicle registration certificate, investigation report (for the F currency of the owner of the vehicle);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparagraph 7-2 and 24-2 (1) of the Automobile Management Act that choose a penalty;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The abstract of this part of the facts charged shall be operated by the motor vehicle owner or a person entrusted with the matters concerning the operation, etc. of motor vehicles by the motor vehicle owner;

Nevertheless, on March 20, 2015, Defendant A operated a coo car in G even though there was no fact that Defendant A was entrusted with the operation of the vehicle from the front road in the 1km section from around 03:20 on March 20, 2015 to the H road.

2. The act of running a motor vehicle by a person who is not a motor vehicle user (the person entrusted with the operation, etc. of the motor vehicle by the owner of the motor vehicle or the owner of the motor vehicle) under Article 2 subparag. 3 of the Automobile Management Act, i.e., the act of operating the motor vehicle in violation of Article 24-2(1) of the Motor Vehicle Management Act, constitutes a crime under Article 81 subparag. 7-2 of the present Motor Vehicle Management Act. However, Articles 24-2 subparag. 1 and 81 subparag. 7-2 of the said Motor Vehicle Management Act were newly established under the Motor Vehicle Management Act amended by Act No. 13486, Aug. 11, 2015.

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