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(영문) 부산지방법원 2017.03.23 2016고정4166
자동차관리법위반등
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

Criminal facts

Some of the facts charged were corrected.

On August 23, 2016, the Defendant is a person who operates a passenger car with B Benz E300 registration of an order to suspend the operation of the Ulsan Metropolitan City Mayor at the request of the owner.

1. Where a person who is not a user of a motor vehicle operates the motor vehicle without justifiable grounds, the Mayor/Do Governor or the head of a Si/Gun/Gu may order the suspension of operation of the relevant motor vehicle upon the consent or request of the owner of the motor vehicle, and no person shall operate the motor vehicle ordered to suspend operation in such cases;

Nevertheless, from August 23, 2016 to August 30, 2016, the Defendant operated a vehicle in violation of the order to stop the operation by driving the vehicle at a distance of about 4.6 km from the front of his house 201, 1401, 1401, to the front of his office located in Busan-gu, Busan-do, to the front of his office.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act operated the said automobile which was not covered by mandatory insurance at the time and at the place stipulated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition;

1. In the application of Acts and subordinate statutes, report on investigation, attachment - vehicle number plates kept in custody, attachment - Mandatory insurance inquiry, attachment - Vehicle registration ledger (A);

1. Article 82-2 of the relevant Act and Articles 82-2 and 24-2 of the Automobile Management Act (a violation of an order to suspend operation) concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act (a violation of an order to suspend operation);

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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