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(영문) 인천지방법원 2016.08.12 2016고정1492
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to conduct a motor vehicle management business of the 2016 Highest 1492 shall register with an administrative agency in accordance with Ordinance of the Ministry of Land, Infrastructure and Transport.

Nevertheless, on March 15, 2016, at around 14:36, the Defendant, without registering, provided various tools necessary for the maintenance of automobiles, such as compact showers and mountain cuters, in Seo-gu Incheon, Seo-gu, Incheon, and received KRW 30,00 won for maintenance expenses.

The defendant of "2016 High 1718" is a person who operates a motor vehicle repair business under the trade name of "D" in Seo-gu Incheon Metropolitan City.

A person who intends to conduct construction machinery business, such as construction machinery maintenance business, shall register with the head of a Si/Gun/Gu for each type of business, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without being registered with the competent authority on March 8, 2016, replaced E dump trucks, which are construction machinery vehicles, from D around March 8, 2016, and operated a business of maintaining the operation system of construction machinery by replacing E dump trucks which are construction machinery vehicles.

Summary of Evidence

"2016 High Doz. 1492"

1. Statement by the defendant in court;

1. A written accusation;

1. On-site photographs " 2016 Highest 1718";

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to the scene photographs and details of guidance for illegal maintenance activities;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 79 subparag. 13 and 53 subparag. 1 of the Automobile Management Act (a point of operating unregistered motor vehicle management business), Articles 40 subparag. 4 and 21(1) of the Construction Machinery Management Act (a point of operating unregistered construction machinery business), and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was committed at a similar time when the act of violating the Construction Machinery Management Act and the act of violating the Automobile Management Act committed again despite the fact that the defendant had been punished several times for the same crime.

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