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(영문) 춘천지방법원 2017.06.21 2017고정148
자동차관리법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who has operated the defendant's vehicle B in the name of the defendant Cata Co., Ltd.

Where an owner of a motor vehicle intends to alter the structure, devices, etc. of a motor vehicle, he/she shall obtain approval from the head of a Si/Gun/Gu, and no person shall operate a motor vehicle knowing that its structure and devices have been altered without obtaining approval

Nevertheless,

1. On January 2016, the Defendant: (a) removed the last 4 seats in the four seats, including the seat of the Defendant’s vehicle Cata in the name of the Cata Co., Ltd., in total of four seats, and changed the boarding device without permission, for the purpose of carrying the necessary extension to work in Chuncheon City D, a residence of which is located; (b)

2. On January 18, 2017, around 11:53, the Defendant arbitrarily removed the seat without obtaining approval for structural change from the head of the Si/Gun/Gu, and operated the following: (a) the Defendant’s vehicle under the name of the Defendant who changed the boarding device by arbitrarily removing the seat; and (b) the Defendant’s vehicle under the name of the Defendant who changed the boarding device from the head of the Si/Gun/Gu to the parking lot in Jongno-gu Seoul, Jongno-gu, Seoul, where the control place is located.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the Automobile Management Act, such as a notice of crackdown on the violation of the Vehicle Management Act, C vehicle photographs taken at the time of crackdown on the site, and the vehicle whistle

1. Article 81 subparagraph 19 of the relevant Act and Article 81 subparagraph 19 of the Motor Vehicle Management Act, Article 34 (Selection of Fines for Unapproved Motor Vehicles), Article 81 subparagraph 20 of the Motor Vehicle Management Act, and Article 34 (Selection of Fines) of the Motor Vehicle Management Act, concerning facts constituting an offense;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) appears to be that the Defendant recognized the instant crime and tried not to do so again, and that it appears to be contradictory, and that the Defendant has restored the part for which he did not obtain the approval.

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