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(영문) 대전지방법원 2018.05.02 2017고단2610 (1)
도로교통법위반
Text

Defendant

A and B shall be punished by a fine of 500,000 won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

A is a transportation business employee, Defendant B is a cargo vehicle driver.

The user, person in charge of maintenance or driver of any motor vehicle shall be prohibited from allowing anyone to drive or from driving any motor vehicle, the devices of which are not maintained according to the motor vehicle management, construction machinery management or orders issued pursuant to this Act.

1. On April 20, 2016, Defendant A paid KRW 600,000 to E without-registered vehicle maintenance business entity E at the D parking lot located in Daejeon Daejeon-gu, Daejeon-gu, and caused the FJ to dismantle a device restricting the speed of the FJ, Defendant A driven approximately KRW 150K on the same day.

2. On June 9, 2014, the Defendant: (a) ordered the maintenance business entity E without registration to dismantle a device that restricts the speed of the freight vehicle of G 8 tons at a factory located in the Seo-gu Daejeon-gu Daejeon, Daejeon; and (b) driven approximately 200 Km from Daejeon and Masung-dong on the same day.

Summary of Evidence

1. Defendants’ legal statement

1. Application of each motor vehicle registration certificate, details of financial transactions, results of comprehensive inspection of the motor vehicle attached to the police interrogation protocol to the Defendants

1. The Defendants of relevant legal provisions concerning criminal facts: Articles 153(1)1 and 40 of the Road Traffic Act, and the selection of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

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

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