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(영문) 전주지방법원 군산지원 2014.10.30 2014고정177
자동차관리법위반
Text

The defendant shall be innocent.

Reasons

The defendant is a person who is engaged in extra-motor vehicle management service business under the trade name C.

A motor vehicle maintenance business shall be registered with the competent administrative agency.

Nevertheless, on December 4, 2013, the Defendant violated the C Motor Vehicle Maintenance Service Act by providing painting services corresponding to the EM vehicle maintenance business at the backerer and left-hand fences of the EM vehicle without being registered with the competent administrative authority as the motor vehicle maintenance business at the C Motor Vehicle Maintenance Service Office operated by the Defendant located in the KunM.

Judgment

In this case, it is a question whether the defendant's painting work like the facts charged can be conducted only by the motor vehicle maintenance businessman registered under the Motor Vehicle Management Act.

Article 132 subparagraph 6 of the Enforcement Rule of the Automobile Management Act (Article 132 subparagraph 6 of the Enforcement Rule of the Automobile Management Act) as one of the parts belonging to the work scope of the automobile maintenance business, while the vehicle is carrying out the painting of the vehicle body, and only the part concerning the part of the body is different from the seal of the vehicle body, and it is not specially excluded from the scope of the work. Thus, even though it is the part concerning the part of the vehicle body, the seal work on the vehicle body may not be carried out without the registration of the automobile maintenance business unless it is merely the degree of removing the defects in the part generated in the vehicle by means of the separation or litation, etc. on the part of the vehicle body using a simple tool, such as strings or litshesheshes, even though it is a part concerning the part of the vehicle body

(See Supreme Court Decision 2004Do2404 Decided June 10, 200, and Supreme Court Decision 2000Do1490 Decided June 9, 200). The Defendant’s painting work, which is recognized as a whole of the prosecutor’s evidence, is 1) the Defendant’s painting work using a string of the defects of the automobile, and 2) the string of the surface so that the string can be cut off, cut off, and cut off, and 3) the string of the string to be dried promptly, and finally spread the string frame.

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