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(영문) 부산지방법원 2021.03.22 2021고정48
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the parking manager of the Busan Jin-gu B building parking lot.

No person shall cover a motor vehicle registration number plate or make it illegible.

Nevertheless, at around 16:16 on September 24, 2020, the Defendant placed a registration number plate of a vehicle requested to be parked by another person three times from that time until October 5, 2020, in order to avoid the crackdown on illegal parking and stopping on the roads near the above building, including setting up and placing a notice board for prohibition of parking in front of the registration number plate of the Ctra XG car, in order to avoid the crackdown on illegal parking and stopping.

As a result, the defendant intentionally shielded a car registration number plate or made it illegible.

Summary of Evidence

1. Statement by the defendant in this court;

1. Images of evidential materials to the accused without making any statement in the police interrogation protocol;

1. Application of the Acts and subordinate statutes in which statements made by the police in D are recorded;

1. Article 81 subparagraph 1-2 of the Automobile Management Act and Article 10 (5) of the same Act concerning facts constituting an offense, and Articles 81 and 10 (5) of the same Act concerning the selection of punishment;

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. In view of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order pursuant to Article 334(1) of the Criminal Procedure Act leads to the confession of and reflects against the crime, the frequency of the crime in this case is three times; the quality of the crime in this case where the registration number plate is placed in preparation for the crackdown on the parking lot's parking in India for the parking lot business; the criminal records of the defendant being punished up to 19 times; the defendant's age, sex, character, intelligence and environment; the motive, means and consequence of the crime; and the circumstances after the crime, etc., the fine of 2,00,000,000 won prescribed by the summary Order cannot be deemed to be unfair, and thus, the fine of 2,00,000 won shall be imposed.

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