beta
(영문) 인천지방법원 2018.07.19 2017고단6784

자동차관리법위반

Text

[Defendant A] The defendant is punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Defendant

A is the actual automobile management business entity of the F and Motor Vehicle Comprehensive Inspection Office in Jung-gu Incheon Metropolitan City (hereinafter “instant Inspection Office”). Defendant B is a person who leases and operates the entire inspection office from Defendant A; G is a motor vehicle inspector of the said inspection office; and the said inspection office was designated by Incheon Metropolitan City as a designated maintenance business entity capable of conducting a comprehensive motor vehicle inspection on January 17, 2014.

1. An automobile management businessman of defendant A shall not allow another person to operate the business under his name, and shall not lease the whole or part of the businessman to another person or have another person occupy and use it;

Nevertheless, on November 2015, the defendant leased the above inspector B with the condition that he received card sales among the profits accrued from the above inspector's office.

2. In the event that Defendant B disposes of a non-compliant motor vehicle passing an inspection, the Defendant found such inspection place and increased revenues from the inspection place because there are many vehicles undergoing the inspection of the motor vehicle. Accordingly, Defendant B conspired with G to process a non-compliant motor vehicle passing an inspection at the same time.

In the indictment, Defendant B and G conspired to divide their profits by receiving illegal fees from drivers, etc.

However, as a result of the examination of evidence, it is difficult to recognize that G divided the fee for illegal passing in addition to the designated inspection cost, and there is no other evidence to acknowledge the above facts, so this part of the facts charged is revised to the extent that it does not hinder the defendant's right of defense.

A performance test agent, a motor vehicle inspection agent, a comprehensive inspection agent, a designated maintenance business operator, a designated maintenance business operator for comprehensive inspections, or his/her employee shall not unlawfully conduct a verification of a motor vehicle, a motor vehicle inspection, a regular inspection, or a comprehensive inspection.

Nevertheless, the G indictment is a defendant.