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(영문) 대구지방법원 2011.10.26 2010고정2762
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in trade of motor vehicles and motor vehicle parts with the trade name called D in Daegu-Sast Group C.

No one shall dismantle devices prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs on a motor vehicle except for cases of maintenance and checkup.

Nevertheless, on March 30, 2010, the Defendant dismantled a motor vehicle without permission for four times from the above date to April 22, 2010, as shown in the list of crimes in the attached Table, at the Fransh located in Ulsan-gu E, Ulsan-gu, the Defendant: (a) caused G, an employee of the Defendant, to dismantle the engine, handbs, and typers purchased from the above scrapping area using the ice, spacks, aircomers, etc.; and (b) caused the Defendant to dismantle the motor vehicle without permission for four times from the above date to April 22, 2010.

Summary of Evidence

1. Each legal statement of witness G;

1. The police statement concerning G;

1. A written statement;

1. Application of the photographic Acts and subordinate statutes;

1. Article 80 subparagraph 4 of the Automobile Management Act and Articles 35 of the same Act concerning criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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