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(영문) 창원지방법원 2020.11.05 2020고정567
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the operator of the Aros cargo vehicle.

No one shall dismantle any goods loading device, body body, chassis, etc. from a motor vehicle, except in cases falling under any ground prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as cases where he/she intends to inspect or repair a motor vehicle, scrap a motor vehicle, use it for education and research purposes.

Nevertheless, at around 15:00 on March 20, 2020, the Defendant dismantled the direction, etc. of the aftermacs freight cars without permission at the Busan New Port Loading Port Loading Port, Busan Gangseo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of a traffic violation report, motor vehicle register, and consignment management contract for cargo vehicles;

1. Article 80 of the Automobile Management Act applicable to facts constituting an offense and Articles 80 and 35 (Selection of Punishment of Fines)

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, including the Defendant’s prior to the instant case, was around 30 times prior to the Defendant’s prior to the instant case, a sentence identical to the summary order, by taking account of all the factors of sentencing as shown in the records and arguments, including the Defendant’s age, character and conduct, the background of the instant crime, and circumstances after the instant crime.

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