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(영문) 울산지방법원 2011.08.10 2010고정1097
자동차관리법위반
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

1. Defendant B is the Director of Inspection of the M&A as a designated entity for comprehensive motor vehicle inspection.

On June 3, 2009, the Defendant: (a) at the MA maintenance industry company located N in Ulsan-gu, Ulsan-gu; and (b) at the designated maintenance business operator for comprehensive inspections, the employees of the designated maintenance business operator for comprehensive inspections conducted a close inspection of exhaust gas during the comprehensive inspection of motor vehicles, the Defendant maintained the maximum output of the relevant motor vehicle and inspected whether the relevant motor vehicle meet the exhaust gas of the relevant motor vehicle; (c) while conducting the close inspection of exhaust gas during the comprehensive inspection of the motor vehicle, the Defendant, while inspecting the OT cargo vehicle which is a motor vehicle subject to the regular inspection, was removed from the 2 and 3 parts

Accordingly, the Defendant carried out the motor vehicle inspection unlawfully on five occasions from May 8, 2009 to June 25, 2009, as shown in the annexed Table 2.

2. Defendant E is the Director of the Inspection of Comprehensive Maintenance, a designated entity for comprehensive motor vehicle inspection.

The Defendant, at around May 14, 2009, performed a comprehensive inspection of exhaust gas precise inspection in Ulsan-gun Q, Ulsan-gun, a designated maintenance business operator for comprehensive inspection, the employees of the designated maintenance business operator for comprehensive inspection, upon conducting a comprehensive inspection of exhaust gas, should maintain the maximum output of the vehicle to be inspected to meet the exhaust gas of the vehicle to be inspected, but the Defendant, while conducting an inspection of Rhono vehicle, which is a vehicle subject to regular inspection, removed the emission from the speed on the speed of the above vehicle from the inspection 2nd, and had the said vehicle be judged to be appropriate.

Accordingly, the Defendant carried out the motor vehicle inspection unlawfully on 25 occasions between May 8, 2009 and June 29, 2009, as shown in the annexed Table 3.

3. Defendant A is the Director of the Inspection Station of the Comprehensive Maintenance Industry, a designated entity for comprehensive motor vehicle inspection.

The defendant around May 4, 2009 is a comprehensive maintenance industry company in Ulsan-gun T, Ulsan-gun, and the employees of a designated maintenance business operator for comprehensive inspections shall conduct a close inspection of exhaust gases during the comprehensive inspection of motor vehicles.

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