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(영문) 대구지방법원 2017.08.11 2017고단3389
자동차관리법위반등
Text

Defendant

A Imprisonment of 10 months, and Defendant B shall be punished by a fine of 4 million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A’s crime;

(a) An owner of a motor vehicle in violation of the Motor Vehicle Management Act shall obtain approval from the head of the relevant Si/Gun/Gu to have a structure, device, etc. installed;

Nevertheless, on July 12, 2016, the Defendant, without the above approval, set up a oil tank in the E-B tower owned by the Defendant, and installed a gas station, such as main abandonment and mother pumps, thereby changing the truck to the tank lorriing.

(b) No petroleum retailer in violation of the petroleum and alternative fuel business shall sell petroleum, etc. as fuel for automobiles under Article 2 subparagraph 1 of the Automobile Management Act, and vehicles and machinery prescribed by Presidential Decree;

Nevertheless, from around July 1, 2016, the Defendant operated a petroleum retail shop in the name of “G” from around Busan City to around March 4, 2017. On July 12, 2016, the Defendant sold a total of 60,485 liters of oil equivalent to 65,364,00 won of the market price at the same place from around March 4, 2017, including, at the same time, 82 dump truck drivers, who have been installed to be loaded with a tank stack in the Ebero, such as the tank conditioning, in the case of paragraph (a).

2. Any person who intends to conduct a motor vehicle management business for Defendant B shall register with the head of a Si/Gun/Gu in accordance with Ordinance of the Ministry of Land, Transport and Maritime Affairs.

Nevertheless, on July 12, 2016, the Defendant did not make the above registration, and installed the main and maternity pumps from the 'D' to the 'D' in the operation of the Defendant located in Seogu Daegu-gu, Daegu-gu, to the 'D', the Defendant used the automobile management business in a way that connects the oil tank and the mother pumps to the ice, connect the mother pumps with the ice, and receives 1,800,000 won in return.

Summary of Evidence

1. Defendants’ each.

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