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(영문) 서울동부지방법원 2017.12.14 2017고단1894
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

1. An automobile shall be operated by the automobile user;

Nevertheless, the Defendant, without being entrusted with matters concerning the operation, etc. of automobiles by a vehicle owner C, operated a DNA car owned by C from December 31, 2014 to March 8, 2017.

2. No one shall operate automobiles registered with an order to suspend the operation by a competent authority;

Nevertheless, on December 12, 2016, the Defendant: (a) had been registered as an order to suspend the operation from the time of the above day to March 8, 2017, for the reason of theft, loss, etc. at the from the beginning of the immediately following day.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes to inquiries about the inspection of the chassis and the motor vehicle registration ledger (A);

1. Relevant legal provisions concerning the facts constituting an offense, Articles 81 subparagraph 7-2, 24-2, and 24-2 (1) (the point of operating an unentrusted motor vehicle) of the Automobile Management Act, Articles 82 and 82-2, and 24-2 (2) of the Automobile Management Act (the point of operating an motor vehicle ordered to suspend operation) and the selection of each fine (the point of understanding errors);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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