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집행유예
(영문) 서울북부지방법원 2016.8.18.선고 2016고단2066 판결
자동차관리법위반
Cases

2016 Highest 2066 Motor Vehicle Management Act

Defendant

A person shall be appointed.

Prosecutor

○○ (Acting for Prosecutor, Prosecution), ○○○ (Public Trial)

Imposition of Judgment

August 18, 2016

Text

A defendant shall be punished by imprisonment for not less than six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Probation and community service for 120 hours shall be ordered to the accused.

Reasons

Criminal facts

The defendant is a motor vehicle maintenance business office with the trade name "OO" in Dongdaemun-gu Seoul Metropolitan Government ○○○○○○-○○○.

is a person operating the business.

A person who intends to run a motor vehicle management business shall be the head of the Si/Gun/Gu office as prescribed by Ordinance of the Ministry of Land, Infrastructure

shall be registered with the head of the agency.

Nevertheless, the Defendant did not register with the competent authority, and from September 24, 2015, from around September 2016, 2016.

5. 9. 10 : 10 m20 m20 m20 m20 m20 m20 m20 m20 m20 m2

50,000 won for repair after being equipped with machinery, tools, etc. necessary for car painting, such as maths, etc.

The front part of the OOOO No. OOO car shall be sealed, sealed, etc.

This project was conducted.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Confirmation of detection of the accused;

1. The criminal place;

1. Making an inquiry into the enemy;

1. Investigation report (Attachment of photographs at the time of crackdown);

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 79 Subparag. 13 and Article 53(1) of the Automobile Management Act, Selection of Imprisonment

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation and community service order;

Article 62-2 of the Criminal Act

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. Scope of recommending sentencing criteria: Offenses for which the sentencing criteria are not set.

3. Determination of sentence;

All the arguments of this case, including the following circumstances, the age, family relation, and tendency of the defendant;

The punishment as ordered shall be determined in consideration of the circumstances.

The favorable circumstances for ○: The defendant has his depthed and reflected his crime.

○ Unfavorable Circumstances: criminal punishment against the Defendant for violating the Automobile Management Act from 2002 to 2015

up to eight times the power he/she was subject to criminal punishment for violating the Motor Vehicle Management Act as above.

In spite of the fact that the automobile management business continues to be operated without being registered with the competent authority.

Judges

Judges Kim Jong-ran

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