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(영문) 서울북부지방법원 2016.10.13 2016고정1787
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a person who owns Oralba.

No one shall operate a motor vehicle with the knowledge that it is a motor vehicle which has been tubesd without obtaining the approval of the competent authority or has been installed without obtaining the approval thereof.

Nevertheless, at around 16:00 on June 25, 2016, the Defendant arbitrarily removed the noise apparatus of the above Ortop in front of the Seoul Jung-gu C Apartment 108, and operated a motor vehicle without obtaining approval from the competent authority. On June 26, 2016, around 21:45, the Defendant knowingly operated the above Ortop on the front road of Seoul Special Metropolitan City, Nowon-gu, and operated it without obtaining approval.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. An inquiry, etc. into the enemy;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 81 subparag. 19 and 34 of the Motor Vehicle Management Act that choose a sentence, Articles 81 subparag. 20 and 34 of the Motor Vehicle Management Act, and the choice of fines;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

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

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