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(영문) 서울중앙지방법원 2016.11.17 2016고단3733
자동차관리법위반
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 4,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

No one shall change the odometer of a motor vehicle.

Nevertheless, on November 2015, Defendant A received a request from Defendant E to substitute for the operation of the odometer, and suggested Defendant B, who was aware of it, to view the operation of the above operation.

Accordingly, Defendant B consented to the above proposal of Defendant A and changed the distance of two traffic truck from approximately 223,900 km to approximately 112,00 km from approximately 276,173 km to approximately 74,302 km from approximately 730 km to approximately 73,02 km from the 173 km of the Seoul Jung-gu Net-ro 353m, along with Defendant A, at the Home Packer parking lot of “The Home Packer,” which was requested by F to manipulate the odometer, to each of the OBD of the 150 wheel Truck 2 vehicles (number G, number G, and H).

As a result, the Defendants conspired to change the mileage of the vehicle.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol of the examination of each police suspect to F (1) through (3) (including copies thereof);

1. Application of each internal investigation report (verification of odometers), investigation report (Attachment of data submitted by the suspect - List of Crime), and the register of motor vehicles law;

1. The Defendants: Article 79 subparag. 16 and Article 71(2) of the Automobile Management Act, and Article 30 of the Criminal Act (the alteration of odometer, the imprisonment with prison labor for Defendant A, and the fine for negligence for Defendant B).

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 48 (1) 1 of the Criminal Act;

1. Defendant B of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1.The odometer of common used cars is important to measure the necessity of maintenance, such as whether the vehicle's mechanical math and future replacement of parts, etc.

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