2016 High Court Decision 1787 Violation of the Automobile Management Act

A person shall be appointed.

OO (Acting for Prosecutor, Prosecution, etc.), ○○○ (Trial)

October 13, 2016

A fine of KRW 300,00 shall be imposed on a defendant.

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.

Facts of crime

The Defendant is a person who owns the Seoul ○○○○○○○○○○○○○.

No one shall operate a motor vehicle, knowing that it is a motor vehicle which has been tubesd without obtaining approval from the competent authority or has been installed without obtaining approval therefor.

Nevertheless, on June 25, 2016: around 00, the Defendant, at around 00, operated an automobile with the knowledge that the noise engine of the ○○ apartment on the front road of the ○○○○○○○○○-ro, Seoul, and without obtaining the approval of the competent authority, he/she arbitrarily removed the ○○ apartment on the front road of the ○○○○○○-ro, Seoul, and operated the ○○○-ro without obtaining the approval of the competent authority. On June 26, 2016: (a) around 45, the Defendant was aware that the ○○-ro, Seoul, ○○-ro, operated the ○○○-ro, and was installed without obtaining the 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. Each photograph;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 81 Subparag. 19 and Article 34 of the Automobile Management Act (Unapproved Motor Vehicle Tank), Article 81 Subparag. 20 and Article 34 of the Motor Vehicle Management Act (Operation of Unapproved Motor Vehicles) and Selection of fines, respectively.

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal 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

Judges Yu Jaeon -