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(영문) 대구지방법원 2017.08.23 2017고정1339
자동차관리법위반
Text

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

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

Reasons

Punishment of the crime

1. No one shall dismantle any device determined by Ordinance of the Ministry of Land, Infrastructure and Transport for the national land in a motor vehicle except as otherwise provided for in the Motor Vehicle Management Act;

Nevertheless, on April 2015, the Defendant, at the agricultural product market parking lot located in Ycheon-gu, Daegu-gu, Daegu-do, 2015, dismantled without permission, a device of speed limit of truck C ordinary 6.5 tons (which is prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs) by using vehicle breakdowns and Nowon-gu, thereby correcting the value of the speed limit installation by using the vehicle malfunctions and Nowon-gu.

2. A person who intends to operate a motor vehicle management project without registration shall register with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

Nevertheless, the Defendant did not register with the competent authorities, but carried out the automobile management business as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Application of the list of vehicles (D and C), the chassis (C), the unmanned control materials (C), the specifications for the inspection of automobiles (C), and the statutes governing A-use ordering the dismantling of speed-restricted devices;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 80 subparagraph 4, 35 (the point of dismantling a device with a speed limit), Article 79 subparagraph 13, and Article 53 (1) (the point of operating a unregistered motor vehicle management business) of the Motor Vehicle Management Act, and selection of fines for negligence;

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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