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(영문) 부산지방법원 서부지원 2018.08.22 2018고단523
자동차관리법위반
Text

1. Defendant A shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. A person who intends to engage in the business of dismantling vehicles A shall register with the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

Nevertheless, from August 2015 to July 2017, the Defendant, without registering a motor vehicle management business with the competent authority, was equipped with various motor vehicle dismantling facilities and equipment such as oxygen cutting machines at G G located in Gangseo-gu Busan Metropolitan Government F, and dismissed 168 motor vehicles purchased at the scrapped area as an employee, and then exported parts for recycling of the motor vehicle.

2. A person who intends to engage in the business of dismantling vehicles B shall register with the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

Nevertheless, from around September 2013 to September 2017, the Defendant, without registering a vehicle dismantling recycling business with the competent authority, was equipped with various automobile dismantling facilities and equipment, such as oxygen cutting machines, at the I place of business located in Gangseo-gu Busan Metropolitan Government F, and dismantled 929 vehicles purchased at the seat of the scrapping area, and then exported the parts for the purpose of dismantling and recycling vehicles.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspect of H by the prosecution;

1. Statement made by the police to J;

1. Answer as to whether business has been registered for use without cancelling the motor vehicle;

1. A written confirmation of an investigation report (a letter of on-site control and a document accompanied by evidentiary materials), K, and L;

1. Each investigation report (Adjustment of the current status of materials for each item of customs office reply, the current status of purchase of I used cars by year, submission of output of seized electronic information by computer of a commercial office), and output;

1. Application of each statute on photographs;

1. Article 79 subparag. 13 of the Automobile Management Act and Article 53 subparag. 13 of the same Act (Selection of Penalty): Defendant B: Article 79 subparag. 13 of the Automobile Management Act and Article 53(1) of the same Act (Selection of Imprisonment);

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

1. Defendant B: Article 62(1) of the Criminal Act 1.

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