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(영문) 서울북부지방법원 2017.03.31 2017고단204
자동차관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Any person who intends to conduct a motor vehicle management business shall register with the competent authority, such as the Mayor, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

On July 4, 2013, the Defendant, without registering with the competent authority, received KRW 200,000 from the Central Highway Name St. B in the name of the Central Highway Name St. B, which is located in the name of the Dong Office, and performed the maintenance work of improving output and releasing speed limit devices by linking C (Scarn, car) freight vehicles with the EC enders of freight vehicles stored in the Nowon-gu, and operated the automobile maintenance business without registration for a total of 623 times from April 20, 2013 to October 16, 2014, as shown in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Investigation reports (to attach response materials to financial institutions);

1. Application of the police seizure protocol statutes;

1. Relevant legal provisions pertaining to facts constituting an offense, and Articles 79 subparag. 13 and 53 subparag. 1 of the former Automobile Management Act (Amended by Act No. 12986, Jan. 6, 2015); and choice of imprisonment, collectively, with labor

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution has reached the long-term period of the instant crime, and the proceeds from the instant crime are reasonable, as well as the fact that the main business is not to improve output by electronic change to the ECU of vehicles and to conduct an act that may cause danger to road safety by releasing a speed limitation device, and the quality of the crime and the criminal situation are not easy, on the other hand, the Defendant recognized and reflects the instant crime; the penal provision for the speed limitation device cancellation was newly established through the amendment of the Act on January 28, 2016, and some of the circumstances leading up to the violation of the Automobile Management Act due to unregistered registration were to be considered.

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