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(영문) 인천지방법원 2020.02.11 2019고정2354
자동차관리법위반
Text

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

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

Reasons

Punishment of the crime

No one shall dismantle the devices prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport on a motor vehicle, except for cases falling under the grounds prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as cases where he/she intends to inspect or maintain a motor vehicle, scrap

Nevertheless, at around 09:40 on July 6, 2019, the Defendant separated the straws and chassiss of D Hyundai 5 tons truck in order to load more vehicles for export to containers in Yeonsu-gu Incheon Metropolitan City B.

Accordingly, the Defendant dissatisfing an automobile without permission.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. On-site photographs;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 80 of the Motor Vehicle Management Act and Articles 80 and 35 of the same Act concerning criminal facts, the selection of fines, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shows an attitude to reflect the Defendant’s criminal act of this case even though the Defendant had been punished several times for the same kind of crime, the Defendant again left the crime of this case, and the removal of the vehicle’s body and chassis without permission seems to pose a significant risk. In addition, the Defendant’s age, character and behavior, family relationship, family environment, motive and means of the crime, and all the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, shall be determined as the order.

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