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(영문) 부산지방법원 서부지원 2017.09.14 2017고정94
주차장법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person in charge of mechanical parking lot management established in the above apartment house while working as the general manager for Busan Seo-gu C apartment.

In the above apartment parking lot, 34 large-scale mechanical parking lots are installed.

When at least 20 mechanical parking lots are installed, a mechanical parking lot manager, etc. shall, for the safety of parking lot users, appoint a person who has received education for mechanical parking lot managers (four-hour) conducted by the Korea Transportation Safety Authority established pursuant to the Korea Transportation Safety Authority Act as a mechanical parking lot manager for the safety of parking lot users.

Nevertheless, the Defendant violated this and placed D (son, 71) who did not receive education on mechanical parking lot administrators conducted by the Korea Transportation Safety Authority from April 1, 2014 to March 7, 2017, as mechanical parking lot administrators.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a report on investigation (in the form of a person and attaching field photographs);

1. Article 29 (2) 11-2, and Article 19-20 (1) of the relevant Act and Articles 29 (2) 11-2, and 19-20 of the Act on the elective Parking of Criminal Offenders;

1. A fine of 300,000 won to be suspended; and

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the suspended sentence of sentence (Article 59(1) of the Criminal Act (Article 59(1) of the Act provides that a manager of a mechanical parking lot exceeding a certain size shall be a manager of a mechanical parking lot who received education provided by the Korea Transportation Safety Authority for the safety of parking lot users. However, it seems difficult to distinguish the legal terms between the manager, etc. and the manager, etc. from the ordinary level, and the Defendant becomes a manager of an apartment management group, as a general manager of apartment management group, the Defendant becomes a manager of a mechanical parking lot according to customary practice. The Korea Transportation Safety Authority sent a notice of education of a manager of a mechanical parking lot to the “managing entity of a mechanical parking lot” to the “managing entity of the mechanical parking lot.”

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