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(영문) 수원지방법원 2016.02.04 2015고정3234
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

It is necessary to revise and supplement part of the facts charged without following the amendment of indictment to the extent that it seems that there is no risk that the defendants may not actually disadvantage their defense rights.

Defendant

B is a corporation established for the purpose of the automobile rental business located in Suwon-si C and 304, and the defendant A was a former director of the corporation B.

Where a registered motor vehicle is revoked pursuant to the Passenger Transport Service Act, the owner of the motor vehicle shall return the motor vehicle registration certificate, registration number plate, and seal to the competent authority.

1. Defendant A discontinued his/her business on August 8, 2013 and caused the cancellation of the registration of the said vehicle, but failed to return the registration number plate and seal of the said vehicle at the time of request within one month, without justifiable grounds, to Drocketing vehicles, E Launta vehicles, Flaz vehicles, G M3 vehicles owned by the said company.

2. Defendant B, who is an employee of the Defendant, committed an act identical to that described in paragraph (1) with respect to his duties.

Summary of Evidence

1. Defendant A’s legal statement

1. A written accusation;

1. Application of Acts and subordinate statutes to the investigation report (a statement by an accuser);

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 82 subparag. 2 of the Automobile Management Act and Article 13 subparag. 1 of the same Act;

(b) Defendant B: Articles 83, 82 subparag. 2, and 13 subparag. 1 of the Automobile Management Act

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

1. Defendants of the provisional payment order: The penalty shall be partially reduced according to the summary order by taking into account the following: (a) Defendant A, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, recognized his mistake and reflects himself; and (b) returned all the registration number plates of the vehicle as indicated in the judgment at latest; and (c) the penalty shall be determined as per the order.

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