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(영문) 부산지방법원 2017.10.25 2017고정1687
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the owner of a modern 5 tons grassland truck.

When intending to have tubes on the items prescribed by Ordinance of the Ministry of Construction and Transportation of the national land, it shall be approved by the head of the Si/Gun/Gu, and shall not be operated with knowledge of the non-approval vehicle.

Nevertheless, on October 24, 2016, the Defendant, on the instant truck operated by “D” emptyter located in Busan Young-gu, Busan, for the purpose of collecting construction waste, 40 cm from the base value of the loading gate to increase the maximum discretion, 1.5m high and 5m high and 5m high and string the steel board structure in length to V, operated without the approval of the competent authority, and operated it.

1. Statement by the defendant in court;

1. Request for cooperation in investigation (request for data) - List of the origin to change the structure and devices;

1. Application of B Vehicle photographic Acts and subordinate statutes;

1. Article 81 Subparag. 19 of the relevant Act and Article 34 Subparag. 1 of the Motor Vehicle Management Act (the points of the tubes of non-approved motor vehicles), Article 81 Subparag. 20 of the same Act, and Article 34 Subparag. 1 of the same Act (the points of operating non-approved motor vehicles) concerning facts constituting an offense, and the selection of fines, respectively;

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 sentencing of Article 334(1) of the Criminal Procedure Act provides that the Defendant has no record of being punished for the same kind of crime, the sentence imposed on a similar case shall be mitigated than the summary order by comprehensively taking into account the following circumstances: equity of the sentence imposed; the Defendant’s age, sexual conduct, environment; motive, means and consequence of the crime; and all other circumstances constituting the conditions for sentencing, including the circumstances after the crime, etc.

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