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(영문) 전주지방법원 정읍지원 2016.09.22 2016고단293
자동차관리법위반
Text

Defendants shall be punished by a fine of KRW 800,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Defendant A

(a) In cases where the owner of a motor vehicle that violated the Motor Vehicle Management Act, which has tubes without obtaining approval from the competent authority, intends to make the tubes on the noise prevention device, the approval from the head of the competent Si/Gun/Gu shall be obtained;

On October 20, 2015, without obtaining approval from the competent authority, the Defendant: (a) around October 20, 2015, the Defendant: (b) from “D”, a retail company for automobile-related products operated by “D”, which is operated by “D”); (c) removed the noise prevention device for the 3 car owned by the Defendant; (d) installed the noise prevention device purchased by the Defendant in an inorganic manner; and (e) caused the Defendant to complete the operation.

Accordingly, the Defendant installed noise prevention devices without obtaining the approval of the competent authorities.

B. Around January 28, 2016, the Defendant violated the Motor Vehicle Management Act, which operated a motor vehicle installed without obtaining approval, operated the e-motor vehicle owned by the Defendant, which installed the noise prevention device without obtaining the approval of the competent authority, as described in paragraph 1(a) on the road near the North west-gun, North Korea, and without obtaining approval from the competent authority.

2. Defendant B

A. From July 1, 2010, the Defendant violated the Automobile Management Act, a non-registered motor vehicle management business, operated the “D”, a retail company for motor vehicle-related products, in the Seongdong-gu Seoul Metropolitan City, Seoul.

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.

The defendant, without being registered with the competent authority, received a request from the above A to have installed a noise prevention device as described in paragraph (1) as stated in paragraph (1) and operated the tubes as described in paragraph (1), and received KRW 150,000 in return, and operated the automobile maintenance business.

B. Unless approved by the head of a Si/Gun/Gu in accordance with relevant Acts and subordinate statutes, a motor vehicle maintenance business operator who violates the code of practice of a motor vehicle maintenance business operator, shall have his/her motor vehicle maintained differently from the approved contents.

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