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(영문) 서울중앙지방법원 2019.07.09 2019고정1116
자동차관리법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Part of the facts charged shall be revised and supplemented without going through amendments to indictment to the extent that it seems that there is no concern about substantial disadvantage to the defendant's defense right.

A Mayor/Do Governor or the head of a Si/Gun/Gu may order an automobile not operated by a person entrusted by an owner of an automobile or an owner of an automobile to stop the operation of the automobile concerned at the consent or request of the owner of the automobile, and no person shall operate the automobile in violation of

Nevertheless, at around 17:35 on February 15, 2019, the Defendant operated the E-high speed vehicle registered with the order to stop the operation in front of Gangnam-gu Seoul, Seoul. D, the representative director of C, a motor vehicle name, around July 10, 2018, around July 10, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to 1 photographs of text messages and detailed reports on vehicle registration;

1. As to the facts charged, Article 82 subparag. 2-2 of the Automobile Management Act and Article 24-2(2) of the Act on the Punishment, etc. of Specific Crimes (the defendant and his defense counsel did not recognize that an order had been issued to suspend operation of the motor vehicle as indicated in the judgment. However, according to the macroscopic evidence, the intent of the crime in this case is sufficiently recognized. The defendant further claims that the defendant has the right to continue operation of the motor vehicle until the settlement of accounts is completed because the defendant's funds are included in the purchase price of the motor vehicle as stated in the judgment. Even if the defendant was to bear part of the purchase price of the motor vehicle, the owner of the motor vehicle in this case is the Co., Ltd. (D) and the defendant's operation is not based on legitimate title.

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

1. The order of provisional payment;

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