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(영문) 부산지방법원 2016.06.02 2016고정1407

자동차관리법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 with the head of a Si/Gun/Gu in accordance with the Ordinance of the Ministry of Land, Infrastructure and Transport.

Nevertheless, at around 14:40 on December 16, 2015, the Defendant received KRW 300,000 from D for repair costs without being registered with the competent Gu office at the “C” workplace located in Busan Dong-gu, Busan, and received KRW 300,000 from D for repair costs, and performed a motor vehicle management business by restoring and painting the external top of the pentum of the EK5 car.

Summary of Evidence

1. Statement by the defendant in court;

1. Responses to a request for cooperation of business affairs to the Dong-gu Office, and replies to a request for cooperation to the said office for investigation;

1. Investigation report (to attach results of telephone conversations with a witness and on-site photographs) and application of Acts and subordinate statutes on site photographs;

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 selection of punishment, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;