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(영문) 의정부지방법원 고양지원 2017.02.10 2016고정1129
자동차관리법위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a motor vehicle management business under the trade name of D in the Dong-gu Seoul Metropolitan City of Manyang-si.

Any person shall register with the head of a Si/Gun/Gu to conduct a motor vehicle management project.

Nevertheless, around June 29, 2016, the Defendant, without registering the automobile management business, installed a facility such as seal, presses, compliance presses, etc. at the workplace of about 10 square meters, and carried out a motor vehicle management business, such as having a seal affixed to the workplace of about 10 square meters.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Application of Acts and subordinate statutes to accusation (including photographs);

1. Article 79 subparagraph 13 of the Automobile Management Act and Article 53 (1) of the same Act concerning facts constituting an offense and Articles 79 and 53 (1) of the same Act (Selection of penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is part of the painting work, and does not belong to the plate work within the scope of the automobile maintenance business, and the defendant is limited to simple painting using cans, which does not include the painting work for the automobile maintenance business requiring registration.

2. Article 132 Subparag. 6 of the Enforcement Rule of the Automobile Management Act, one of the parts belonging to the scope of the automobile maintenance business, is the vehicle body’s painting, and only the vehicle body’s painting is the match, and the part concerning the part of the body is different from the body body’s painting, and it is not specifically excluded from the scope of the work. Thus, even though the part concerning the part of the body is also the body’s length, the body’s painting work is a part generated from the body by using a simple tool, such as a frame or Blshesheshesheshesheshes.

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