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(영문) 서울북부지방법원 2013.07.11 2013고정576

자동차관리법위반

Text

Defendants shall be punished by a fine of KRW 300,000.

Defendant

If A does not pay the above fine, KRW 50,000.

Reasons

Punishment of the crime

Defendant

A is a person who works as a vehicle maintenance engineer at B corporation located in Dobong-gu Seoul Metropolitan Government, and Defendant B is a company that operates the taxi passenger transportation business.

1. Where a defendant A motor vehicle user intends to maintain a motor vehicle, he/she shall maintain the motor vehicle within the extent prescribed by Ordinance of the Ministry of

Nevertheless, at around 16:00 on November 8, 2012, the Defendant maintained a motor vehicle in excess of the maintenance work scope of steering gear by cutting the steering gear and flab lighting of the foregoing vehicle when repairing the transmission equipment of Dyststun taxi owned by the said company in Dobong-gu Seoul.

2. Defendant B, who is his employee, maintained the automobile beyond the scope of maintenance work as described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness E;

1. Accusation against an illegal motor vehicle maintenance business establishment;

1. Application of statutes on site photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 81 subparag. 21 and Article 36 (4) of the Motor Vehicle Management Act (Selection of Punishment of Fines);

(b) Defendant B corporation: Articles 83, 81 subparag. 21, and 36(4) of the Automobile Management Act;

1. Defendant A of detention in a workhouse: Articles 70 and 69 (2) of the Criminal Act;

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