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(영문) 춘천지방법원 원주지원 2017.04.26 2016고단1049

자동차관리법위반

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to conduct a motor vehicle management project without registration shall file for registration with the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

On September 21, 2012, the Defendant, without registering with the competent authority, carried out the maintenance work of receiving KRW 200,000 from the client G at the front park located in Pyeongtaek-si E, and restoring the output of a numberless vehicle to its original state, etc., as shown in the attached crime list (1) and (2) from that time to March 2016, the Defendant engaged in the maintenance work of unregistered motor vehicles as a business for inspection, maintenance work, or observation work between the first police officer and the first police officer from that time to March 2016.

2. No person who dismantles a device with a maximum speed restriction shall dismantle any electricity or electronic device without permission;

Nevertheless, the Defendant, at around 13:00 on March 2, 2016, dismantled the engine electronic control data, which is the cell and electronic device, without permission, by arbitrarily manipulating the engine electronic control data using the slicker, Nowon-gu, and so on at the request of the J travel agency, at the level of KRW 600,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (Attachment to photographs of screen pictures taken on the face of a crime) and investigation report (Attachment to seized articles seized at the scene of the crime and on the vehicles of the suspect);

1. Application of Acts and subordinate statutes to seizure records and photographs of seized articles;

1. Relevant legal provisions concerning facts constituting an offense, Articles 79 subparag. 13, 53(1) (mainly, the occupation of the business of maintaining unregistered motor vehicles), 79 subparag. 5-2, and 35 (Unauthorized Dismantling Electrical and Electronic Devices) of the Automobile Management Act, and the choice of imprisonment, respectively;

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 62 (1) of the Criminal Act on the suspended execution;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The defendant's act described in paragraph 1 of the ruling on the summary of the argument is ECU by electronic means.