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(영문) 대전지방법원서산지원 2020.10.29 2020고단896
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Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Defendant

A is a person who operates a cuscuss Vehicle B.

From April 26, 2014 to July 1, 2016, the Defendant, in the Incheon Bridge 3 located on the Incheon Bridge Highway, obtained financial benefits equivalent to KRW 607,600,00, as stated in the [Attachment] 3 to 100, including the following: (a) the Defendant, in an unfair manner, did not install a hybrid radio terminal, pre-paid card, or post-paid card that allows the Defendant to pay the expressway usage fees inside the vehicle operated by the Defendant; and (b) the Defendant, in an unfair manner, passed through the downstream, which is an automatic equipment for the payment of expressway charges, around March 9, 2016; and (c) obtained financial benefits equivalent to KRW 607,600,00, as stated in the [Attachment] 3 to 100 list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to detailed statements on the arrears of tolls;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes, and Article 348-2 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The period of prescription of a public prosecution is five years for a crime of using convenience facilities in the part of acquittal of a provisional payment order under Article 334(1) of the Criminal Procedure Act, which is punishable by imprisonment for not more than three years, a fine not exceeding five million won, detention, or a minor fine;

(Article 249(1)5 of the Criminal Procedure Act. If so, the number 1 and 2 of the annexed list of crimes is apparent in the record that the statute of limitations has expired, and thus, a judgment of acquittal shall be rendered pursuant to Article 326(3) of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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