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(영문) 수원지방법원 안산지원 2018.05.18 2018고단783
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 30, 2017, when a person violating the Automobile Management Act intends to engage in automobile maintenance business, he/she shall register with the competent administrative agency. However, on October 30, 2017, the Defendant engaged in automobile maintenance work, such as displaying seals on B, before, after, after, and after the vehicle repair without the aforementioned registration, in the neighboring street of Geumcheon-gu Seoul Metropolitan Government, with the vehicle maintenance work.

2. Any person who violates the Air Quality Conservation Act shall report to the competent administrative agency on the installation of emission facilities to carry out painting work, etc., but the Defendant, without reporting to the competent administrative agency at the time, date, and place of paragraph (1), used the C-owned vehicle in a manner that carries out painting work, such as using it as a painting stamp, and using a painting tool for painting work, which is 1.98m wide, 3.9m high, and 2.3m high, from 17.76m high, without reporting to the competent administrative agency.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written accusation;

1. Application of statutes on field control photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 79 subparag. 13 and 53 subparag. 1 of the Automobile Management Act (the occupation of unregistered automatic management business), Articles 90 subparag. 1 and 23 subparag. 1 (the installation of unreported discharging facilities) of the Air Quality Conservation Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. It is so decided as per Disposition for the reason that the suspended execution is more than Article 62(1) of the Criminal Act (i.e., the facts charged and the fact that there is no record of punishment exceeding the fine);

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