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(영문) 서울북부지방법원 2017.06.22 2016고정2549

자동차관리법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Anyone who intends to conduct a motor vehicle management business shall register the motor vehicle management business with the head of a Si/Gun/Gu by place of business.

Nevertheless, the Defendant, without registering the above registration from January 201 to July 4, 2016, provided two container buildings, and all kinds of vehicle dismantling facilities and equipment on a factory scale of about 300 square meters in Namyang-si, Nam-si, with the F of Syrian nationality as an employee, has repaired or dismantled 40 parts and vehicles, and operated a business such as automobile dismantling and maintenance by exporting parts and vehicles.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article 79 of the relevant Act concerning criminal facts, Article 79 of the Automobile Management Act and Article 53 (1) of the same Act concerning the selective punishment, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The circumstances favorable to the sentencing of Article 334(1) of the Criminal Procedure Act, which relate to the order of provisional payment, are against the defendant at the time of committing the instant crime.

The defendant, who is a refugee from Syria, is operating a business with a business visa after being issued a business visa, seems to have neglected the registration of the automobile management business due to the lack of awareness of the defendant's Korean law and the problem of language communication.

The defendant is no longer likely to repeat a crime by closing his/her motor vehicle management business.

There is a possibility that if the defendant is seriously punished, it may be inferred to Syria.

Defendant has no record of punishment in Korea.

Unfavorable circumstances: from 2014 to 2016, the Defendant operated a place of business unlawfully without registering a motor vehicle management business.

The punishment as ordered shall be determined by comprehensively taking into account such circumstances as the age, sex, motive of the crime, and circumstances after the crime.