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(영문) 대구지방법원 서부지원 2014.11.26 2014고정984
자동차관리법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B A corporation is a corporation established for the purpose of notification, collection, and sale as owner of C vehicle, and Defendant A is a person who has overall control over the business of the above corporation as a management director in the above company.

1. Where Defendant A intends to modify what is prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, even though the owner of the relevant motor vehicle obtained approval from the head of the competent Si/Gun/Gu, Defendant A, without obtaining approval, loaded the said motor vehicle on the said motor vehicle at the E-maintenance shop located in Daegu-gu Franchising D on April 201, 2013, and operated a large vehicle in Daegu City as of August 11, 2014 after changing the structural device of the motor vehicle from that time by installing the loading rail, 583 cm in width x 205 cm in length x 23 cm in width).

2. Defendant B Co., Ltd. committed a violation as set forth in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. The police statement concerning F;

1. A copy of registration certificate;

1. Investigation report (on-site photographs) - Application of the Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 81 subparag. 19, 20, and 34(1) of the Motor Vehicle Management Act, and selection of fines

B. Defendant B corporation: Articles 83, 81 subparag. 19, 20, and 34(1) of the Automobile Management Act; selection of fines

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

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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