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(영문) 서울중앙지방법원 2021.03.08 2021고정61
자동차관리법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a cargo vehicle B 25 tons in duty.

No one shall, without the approval of the competent authority, make any error in the structure or device of a motor vehicle, or operate a motor vehicle while knowing that it was a motor vehicle which has been tubesd without the approval of the competent authority.

1. Nevertheless, in 2018, the Defendant: (a) installed steel structure in loading of the vehicle without the approval of the competent authority through the industrial company he knows; and (b) changed the structure of the vehicle.

2. On October 7, 2020, the Defendant: (a) knew of the fact that the said vehicle was tubesd without the approval of the competent authority; (b) operated the said vehicle on the front road of Gangnam-gu Seoul apartment complex C around October 7, 2020; and (c) around October 25, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of photograph of the offender's place and original restoration;

1. Article 81 Subparag. 19 of the relevant Act and Article 34 Subparag. 1 of the Motor Vehicle Management Act concerning criminal facts, Articles 81 and 34 Subparag. 20 of the Unapproved Motor Vehicle Management Act (the points of the tubes), Articles 81 Subparag. 20 and 34 Subparag. 1 of the Motor Vehicle Management Act (the points of the operation of Unapproved Motor Vehicle), and the selection of fines;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the Defendant’s prior conviction and the confession of each of the instant crimes, and the removal of the steel structure installed in loading after the detection of the instant crime, and other factors revealed in the process of the instant pleadings, such as character and conduct and environment of the Defendant, motive, means and consequence of the instant crime, circumstances after the commission of the instant crime, and criminal records, shall be determined as indicated in the Disposition.

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