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(영문) 서울서부지방법원 2018.09.13 2018고단1629
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Automobile Management Act is the owner of Cone Star Co., Ltd.

No person shall operate a motor vehicle with the knowledge that the structure or device of a motor vehicle is modified or the structure or device of a motor vehicle is modified without approval from the head of the competent Gu.

Nevertheless, on April 12, 2018, around 14:25, the Defendant: (a) went away and operated the three seats of the above vans without obtaining the approval of the head of the competent Gu on the lower-side lux, 377 internal circulation of Seodaemun-gu Seoul, Seodae-gu, Seoul.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the date and time set forth in paragraph 1, driving Cone Star Co., Ltd in the section of about 10km from the 86-29-dong-dong-dong-dong-dong-dong, Seoyang-si to the inside circulation of approximately 10km to the nivem of the red nivem nivem nife-dong-dong, Seodaemun-gu, Seoul, Seoyang-si to the 377-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of vehicle driver's licenses, photographs of the recipient's vehicle, photographs of the vehicle restored to its original state at the time of control;

1. Relevant legal provisions concerning facts constituting an offense, Article 81 subparagraph 19 of the Automobile Management Act, Article 34 (Change, etc. of the structure and devices of an unapproved motor vehicle), Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (Unlicensed Driving) of the Road Traffic Act, and selection of imprisonment with prison labor;

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 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act)

1. An order to attend a course under Article 62-2 of the Criminal Act;

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