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(영문) 광주지방법원 순천지원 2018.04.23 2017고정631

자동차관리법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a motor vehicle dealer as the representative of “E” in the D in the net City C.

No motor vehicle dealer shall notify the performance and condition of the structure, devices, etc. of a motor vehicle in a false manner.

Nevertheless, on January 10, 2017, the Defendant stated in the F bill of indictment that was not supported by the inspection of the performance and condition of a motor vehicle in the trading company of the Defendant’s operation, but it is clear that it is a clerical error in “F” and it is determined that even if this part is corrected, it would not cause a substantial disadvantage to the Defendant’s exercise of his/her right of defense. Therefore, this part of the crime is corrected as above without changing the indictment.

When selling a vehicle to G, he/she notified the buyer of the record of inspection of the performance and condition of a used motor vehicle prepared falsely as if the inspection was conducted for the performance and condition of the motor vehicle, and notified the buyer of the record of inspection of the performance and condition of a false used vehicle for the total of 27 vehicles from around that time to March 2, 2017, as shown in the list of crimes in the attached Form.

As a result, the Defendants falsely notified the performance and condition of the structure and devices of the motor vehicle.

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of each police officer with regard to I;

1. Statement made by the police to J;

1. A written accusation;

1. Application of Acts and subordinate statutes to the ledger of inspection of performance and condition of each motor vehicle, and the ledger of registration of each motor vehicle;

1. Article 80 of the relevant Act concerning criminal facts, Article 80 subparagraph 7 of the Automobile Management Act and Article 58 (1) of the same Act concerning the selection of punishment, and the selection of fines;

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. 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;