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(영문) 청주지방법원 충주지원 2014.11.26 2014고정194
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

On March 8, 2014, the Defendant purchased a small-sized cargo vehicle from Dgelfirs from C in front of an elementary school in mutual incompetence located in Sungnam-si.

At the time of purchase, the Defendant removed the freight partitions of the above vehicle, and the towing device was installed, and the structure of the vehicle was known to have been changed, and operated from around that time to May 2, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. A written petition;

1. Application of the Acts and subordinate statutes of applications for carbon, such as a copy of vehicle photograph, chassis, Internet output data, pictures of vehicles, register of automobiles, register of automobiles, and written applications for formal trial;

1. Article 81 of the Motor Vehicle Management Act and Articles 81 and 34 of the same Act concerning facts constituting an offense, the selection of fines, and the selection of fines;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the defendant purchased a vehicle whose structure, etc. has been changed as stated in the facts charged (hereinafter “instant vehicle”), the defendant is merely driving the instant vehicle within the company where the defendant was working and not driving the road. Thus, the defendant cannot be deemed to operate the instant vehicle.

2. According to the judgment, Article 81 subparagraph 20 of the Automobile Management Act provides that "operator shall be punished with the knowledge that the structure, etc. of a motor vehicle is altered," and Article 2 subparagraph 2 of the same Act provides that "operation" shall be used according to the method of using the motor vehicle without relation to the transportation of people or freight." Thus, insofar as the defendant recognizes the driving of the motor vehicle of this case, it is reasonable to deem that the place where the person drives the motor vehicle of this case is driving the motor vehicle without relation to road.

Therefore, the defendant and his defense counsel cannot be accepted.

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