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(영문) 광주지방법원 순천지원 2018.04.23 2017고정549
자동차관리법위반
Text

Defendant shall be punished by a fine of two 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 “D” in the C Motor Vehicle Sales Complex at the net time.

Where a motor vehicle dealer sells a motor vehicle or arranges the sale of a motor vehicle, he/she shall notify the purchaser of the details of the inspection of performance and condition of the structure, devices, etc. of the motor vehicle in writing, and shall not conduct a false inspection or announcement thereof.

Nevertheless, the Defendant knows that the F representative operating the E Industrial Complex does not actually check a vehicle and received a registration certificate by facsimile and then prepares a register of inspection at the low price. On February 1, 2017, the G indictment states that “J” is a clerical error in the G, but it is obvious that this is a clerical error in the “G” and, even if this is corrected, it is not likely to cause a substantial disadvantage to the Defendant’s exercise of his/her right to defense. Therefore, the Defendant’s criminal facts in this part without changing the indictment are corrected as above.

In the indictment from February 1, 2017 to May 10, 2017, including the fact that the falsely prepared performance and condition check records with respect to vehicles are received from the above F and is notified to H of vehicle buyers, the indictment is stated as “as of May 2, 2017,” but it is obvious that it is a clerical error in the indictment of “as of May 10, 2017,” and even if this portion is corrected, it is deemed that there is no concern that a substantial disadvantage may be inflicted on the defendant’s exercise of his/her defense right. Therefore, this part of the indictment is corrected without the modification of the indictment.

up to 15, the records of inspection of performance and condition of used cars prepared falsely for the total 15 units were notified to the buyer.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police in relation to F;

1. Statement made to I by the police;

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 Automobile Management Act and Article 80 of the same Act concerning criminal facts as well as the selection of punishment;

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