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(영문) 서울중앙지방법원 2014.02.05 2013고정5314
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 11:00 on May 27, 2013, the Defendant, without filing for registration of a motor vehicle management business, was equipped with paints, sand trading machines, compact presses, and other repair tools at the D workplace located in Seongbuk-gu Seoul Metropolitan Government, and carried out a motor vehicle maintenance business by removing stampers in order to seal the front of the E-Aburburged motor vehicle.

Summary of Evidence

1. Part of the police interrogation protocol of the defendant

1. A written statement;

1. Application of the photographic Acts and subordinate statutes;

1. Article 79 of the Motor Vehicle Management Act and Articles 79 and 53 (1) of the same Act concerning criminal facts and the selection of fines;

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The contents of the defendant's work do not constitute an element of a crime merely because the defendant's work was to remove defects that are not accompanied by neither a board nor a melting.

2. Article 79 Subparag. 13 and Article 53(1) of the Motor Vehicle Management Act provides that a person who has operated a motor vehicle maintenance business without being registered with the head of the relevant Si/Gun/Gu shall be punished.

Meanwhile, the term "automobile maintenance business" in subparagraph 8 of Article 2 of the Act refers to the business of inspecting automobiles, repairing cars, or altering structures and devices, except for those prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and accordingly, Article 132 subparagraph 6 of the Enforcement Rule of the Automobile Management Act provides that "the inspection and maintenance of internal facilities and strings that do not involve any plate, drawing, or melting: Provided, That the exchange of pans, mainnets, even if even, fences, and trokes shall be excluded."

Article 132 subparagraph 6 of the above Enforcement Rule is one of the items belonging to the work scope of the automobile maintenance business, and only the vehicle's painting work is called the "finite", and the part concerning the part of the body is different from the seal of the entire body, and it is excluded from the scope of the work.

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