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(영문) 서울북부지방법원 2016.08.18 2016고단2066
자동차관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who operates a motor vehicle maintenance business with the trade name "C" in Dongdaemun-gu Seoul Metropolitan Government.

Any person who intends to conduct a motor vehicle management business shall register with the head of a Si/Gun/Gu as prescribed by Ordinance of Ministry of Land, Infrastructure and Transport

Nevertheless, the Defendant did not register with the competent authority on September 24, 2015, up to May 9, 2016, with the machinery, tools, etc. necessary for the car seal, such as Qackers, post-mackers, compressed machines, etc., installed at the above “C” workplace from around 10:35,00 square meters to around 13 square meters, and carried out the automobile management business, such as selling and sealing the front part of DM3 car.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A certificate of detection of the defendant;

1. The criminal place;

1. Making teas;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to photographs at the time of crackdown);

1. Article 79 of the Act applicable to the facts constituting the crime, Article 79 of the Automobile Management Act and Article 53 (1) of the same Act, the selection of punishment for imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. Scope of recommended sentences on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant committed a crime in depth and reflects the defendant, etc.; disadvantageous circumstances: the defendant has been subject to criminal punishment for a violation of the Automobile Management Act from 2002 to 2015 up to eight times; the defendant has continued to conduct a motor vehicle management business without registration with the competent authority even though he/she was subject to criminal punishment for a violation of the Motor Vehicle Management Act.

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