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(영문) 대구지방법원 김천지원 2012.09.27 2012고정324
자동차관리법위반
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

Any person who intends to run a motor vehicle management business shall register with the competent authority.

Nevertheless, at around 16:57 on February 3, 2012, the Defendant, at the Kimcheon-si D workplace, equipped with machinery and equipment necessary for car painting work, such as air compressers, a smoke camera, paint sprayers, and heat winders, which are owned by E, followed by the top of the steering of the FK7 car owned by E, with painting work, and is to receive the work cost of KRW 30,000 through KRW 50,000,000, monthly average from June 25, 2009 to February 3, 2012, and received approximately KRW 20,000.

Accordingly, the defendant run the automobile management business without registration with the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of G and H;

1. A written accusation;

1. Application of the Acts and subordinate statutes governing paintings and photographs of automobiles;

1. Article applicable to facts constituting an offense, and Articles 79 subparagraph 3 and 53 (1) of the Automobile Management Act that choose the penalty;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserted on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order asserts that the defendant's work is a minor part of painting work that does not correspond to the automobile maintenance business under the Automobile Management Act, and thus constitutes the scope of work lawfully allowed even without being registered with the competent authority, and the number of the defendant's painting work is less than the average of 3-4 times per month as stated in the facts charged.

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), one of the items belonging to the work scope of the automobile maintenance business, is carrying out the seal work of the automobile body, and only is the "string" as the "string", and the part concerning a 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, the seal work on the vehicle body may be conducted.

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