beta
(영문) 인천지방법원 2019.03.29 2019고정179

자동차관리법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

When any person intends to conduct a motor vehicle transaction business, he/she shall register his/her motor vehicle management business with the head of a Si/Gun/Gu.

Nevertheless, on June 4, 2018, the defendant, without registering the motor vehicle management business, conducted a motor vehicle sales business by showing a vehicle displayed to C in Seo-gu Incheon Metropolitan City, Seo-gu and arranging the sale of a motor vehicle with D bid.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (reports on the verification of the absence of registration of high-class trade employees);

1. Article 79 of the Motor Vehicle Management Act and Articles 79 and 53 (1) of the same Act concerning criminal facts and the selection of fines;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, recognized the instant crime, and agreed with the complainant.

On the other hand, even in 2016, the Defendant was punished for the instant crime even though he was found to have committed the same act in the same place of business and was punished by a fine.

In the above circumstances, the defendant's age, character and conduct, family relationship, family environment, motive and means of crime, and all the sentencing conditions shown in the records and arguments of this case shall be determined as ordered by considering the following circumstances.