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(영문) 서울북부지방법원 2016.08.24 2016고단2067
자동차관리법위반
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who operates a motor vehicle maintenance business with the trade name "D" in Dongdaemun-gu Seoul Metropolitan Government.

Any person who intends to conduct a motor vehicle management business shall register with the head of a Si/Gun/Gu as prescribed by Ordinance of Ministry of Land, Infrastructure and Transport.

Nevertheless, the Defendant did not register with the competent authority, from March 22, 2014 to May 11:17, 2016, and carried out a motor vehicle management business, such as repairing expenses of KRW 30,00,00 with the machinery, tools, etc. required for the car seal, such as compact presses, presses, and smoke straws, at the workplace of approximately 23 square meters from around 22, 2014 to around 23 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to photographs at the time of crackdown);

1. Relevant legal provisions concerning facts constituting an offense and Articles 79 subparagraph 13 and 53 (1) of the Automobile Management Act (Punishment of imprisonment);

1. The sentencing guidelines set forth in Article 62 (1) of the Criminal Act on the suspended sentence: Unsettled sentence of a fine of five million won: Imprisonment with prison labor for six months or more: A person whose suspended sentence is aggravated for two years: In cases of a person whose case the suspended sentence of imprisonment for six months or more: A person whose case the suspended sentence of imprisonment for two years: A person whose case the remaining sentence is mitigated by absence (one time), accumulated records of the same punishment (10 times the cumulative punishment penalty):

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