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(영문) 의정부지방법원 2017.09.08 2017고단2527

자동차관리법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

No one shall change the odometer of a motor vehicle.

Nevertheless, around May 2014, the Defendant requested F to change the odometer F 150 truck mileage to F, and asked F to change the odometer. F changed the odometer from about 206,394, to about 80,028km of the traffic truck by linking the equipment operating the odometer to the above truck.

Accordingly, the Defendant conspiredd with F in collusion with F to change the mileage of a vehicle from the above day to February 2016, in collusion with F, G, and H about a total of 19 minutes, such as the list of crimes in the annexed crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police in relation to F and G;

1. Application of the evidence list Nos. 22, 23, 24, 35, 36, 37, 38, 39, 40, 41, 43, 44, 45, 46, 47, 48, 49, 50, 51

1. Article relevant to the facts constituting an offense, Article 79 subparagraph 16 of the Automobile Management Act and Article 71 (2) of the same Act, Article 30 of the Criminal Act (Options of Imprisonment with prison labor);

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. In the case of operating the odometer for sentencing under Article 62(1) of the Criminal Act, the suspension of execution shall disrupt the order of trade by destroying the general trust in the odometer of used cars; and

In addition, it is possible not only to incur economic loss to the purchaser of a used vehicle, but also to make it difficult to properly manage the vehicle according to the odometer, thereby adversely affecting the management of the safe vehicle.

Therefore, it is necessary to bear strict responsibilities.

However, considering the fact that the defendant recognized all crimes from the early stage of the investigation and cooperated in the investigation, the punishment shall be determined by taking into account all the sentencing conditions specified in the arguments.