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(영문) 전주지방법원 2015.06.26 2015고단86
자동차관리법위반
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On September 19, 2014, the Defendant, without registering with the competent authority, obtained KRW 300,00 from the street in front of the residents' center in Masan-dong, Masan-dong, Kim Jong-si, and performed maintenance work to improve the output of the C Hyundai Universal Bus and cancel the speed limit device, and operated the automobile maintenance business without registration from September 2, 2010 to September 19, 2014, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by the police about D;

1. Each report on investigation;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to the seized pocket book copies, the detailed statement of transactions from entering and withdrawing agricultural accounts in the name of the suspect, the photographs of seized materials (type 12), the gallon photographs stored in the suspect's cell phone, the settlement status containing the suspect's sales (2009-2012), the settlement status employed by the suspect, and the details of the storage of USB (2012-2014);

1. Article applicable to facts constituting an offense and Articles 79, 13, and 53 (1) of the Automobile Management Act (generally and severally, the choice of imprisonment) of the Motor Vehicle Management Act;

2. Article 62 (1) of the Criminal Act (The following consideration given to the defendant in favor of the sentencing).

3. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act has reached the long-term period of the instant crime, and the nature of the crime and the circumstances of the crime are inappropriate because the proceeds, etc. acquired by the instant crime are substantial. The instant crime is an unfavorable circumstance against the Defendant, such as the following: (a) maintaining electronic cans; (b) improving output by electronic change to the ECU; and (c) cancelling speed limitation devices; and (d) revoking output improvement or speed limitation devices.

However, the defendant was willing to commit the crime of this case.

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