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(영문) 서울중앙지방법원 2016.01.27 2015고정3759
자동차관리법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 26, 2015, the Defendant did not register a motor vehicle management business with the competent authority, and around 13:40 on May 26, 2015, the Defendant carried a non-registered motor vehicle management project, such as compliance presses, presses, bricks, and paints, on his/her own studs, along with his/her studs in front of “C” motor vehicles, even before driving seat, and receiving KRW 30,000 for repair costs.

Summary of Evidence

1. Legal statement of the witness D;

1. Written statements prepared in D;

1. A written accusation;

1. Application of the photographic Acts and subordinate statutes;

1. Article 79 Subparag. 13 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015); Articles 53(1) and 53(1) of the same Act regarding criminal facts; the choice of fines

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

1. The defendant and his defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act regarding the provisional payment order is not included in the scope of the automobile maintenance business requiring registration under the Automobile Management Act;

The argument is asserted.

In order to engage in the business of checking and maintaining motor vehicles as well as the alteration of the structure and devices of the motor vehicle under the Motor Vehicle Management Act, the motor vehicle maintenance business shall be registered: Provided, That the "inspection and maintenance of the vehicle and the body of a vehicle which are not accompanied by plates, seals, seals, and seals" is excluded within the scope, and a person who does not register the motor vehicle maintenance business can engage in the business.

In this context, the term “inspection and maintenance of the internal equipment and the body of a vehicle which are not accompanied by a board, painting, or painting” refers to the remainder other than both the board, painting, and the work to be carried out in contact and the work to be carried out in connection with it, i.e., the work to require or establish it, among the inspection and maintenance of the internal equipment and the body of a vehicle (see, e.g., Supreme Court Decision 2009Do10824, Apr. 29, 2010). Meanwhile, the inspection of the body of a vehicle, although it was done, is done by the body of a vehicle.

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