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(영문) 서울중앙지방법원 2013.08.09 2013노1928
자동차관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) is that the Defendant, at the time of the instant case, made a partial design on the left-hand side of the front-hander of the SM7 car using cans, other than compressors, and this constitutes a “minor partial design” in which part of the body is colored by dusting or pressing paints on the front side of the car in order to remove the partial defects of the surface of the car without any process such as printing, melting, heat treatment, etc., and thus, it does not require registration of automobile maintenance business under the Automobile Management Act.

2. Determination

A. Article 79 Subparag. 3, Article 53(1), and Article 2 Subparag. 6 of the Motor Vehicle Management Act provide that a person who has engaged in a motor vehicle maintenance business without being registered with the head of a Si/Gun/Gu shall be punished.

Meanwhile, a motor vehicle maintenance business under Article 2 subparagraph 8 of the same Act refers to the business of inspecting, maintaining, and changing structures and devices of motor vehicles, and excludes those determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. Article 132 subparagraph 6 of the Enforcement Rule of the same Act provides that “the inspection and maintenance of internal facilities and chassiss which are not accompanied by plates, seals, and seals,” as one of the matters determined by Ordinance of the Ministry of Land, Transport and

B. According to the relevant laws and regulations regarding the scope of checking and maintaining the internal facilities and the body of a vehicle that are not accompanied by a board, seal, or painting, the automobile maintenance business is required to be registered in order to engage in not only the alteration of the structure and devices of a vehicle, but also the inspection and maintenance of a vehicle. However, “the inspection and maintenance of the internal facilities and the body of a vehicle which are not accompanied by a board, seal, or painting” can be conducted as a business by a person who does not register the automobile maintenance business as well as the inspection and maintenance of the internal facilities and the body of a vehicle. In this context, “the inspection and maintenance of the internal facilities and the body of a vehicle which are not accompanied by a board, seal, painting, or painting” is accompanied by the inspection and maintenance of the internal facilities and the body of a vehicle.

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