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(영문) 대전지방법원 천안지원 2017.02.03 2016고정786
자동차관리법위반등
Text

Punishment on the accused shall be determined by a fine of KRW 500,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant in violation of the Automobile Management Act is a person who operates an agency driver with the trade name B D, a car-type cargo vehicle owner in common and C.

No owner or possessor of a motor vehicle shall fix a motor vehicle at a certain place to use it for any purpose other than operation.

Nevertheless, on September 27, 2015, the Defendant installed a rectangular advertising board (1m 20cm wide x 1m) containing the advertisement phrase “D”, which is the phone number of the said vehicle, on the freight partitions at the commercial district roadside located in Seocho-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and advertised it for 24 hours a day until August 17, 2016 at the place.

2. Any person who intends to display or install such advertisements or billboards as prescribed by Presidential Decree on the means of transportation prescribed by Presidential Decree in violation of the Management of Advertisements, etc. other than old houses shall report to the head of a Si/Gun/Gu, as prescribed by

Nevertheless, the Defendant did not report to the competent authorities on the date, time, and place described in paragraph 1, and installed or displayed advertisements on private use as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Copy of an automobile registration certificate or business registration certificate;

1. Application of Acts and subordinate statutes to photographs of violating vehicles;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparagraph 8 and 26 (1) 1 (the fact that a motor vehicle is fixed at a certain place and used for any purpose other than operation) of the Automobile Management Act, and Articles 18 (2) 1 and 3 (1) 6 (the fact that an advertisement is installed on any means of transportation without filing a report) of the former Management of Outdoor Advertising Materials, etc. Act;

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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