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(영문) 광주지방법원 순천지원 2021.01.21 2019고정207
자동차관리법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who runs a motor vehicle trade business under the trade name of “C” in the net city B.

Where a motor vehicle for sale is presented to the place of business, the motor vehicle dealer shall have the front registration number plate of the presented motor vehicle kept by the relevant motor vehicle trade association or the head of the relevant Si/Gun/Gu, and shall not operate the motor vehicle by attaching the front registration number plate to the motor vehicle for sale.

Nevertheless, on February 19, 2016, the Defendant presented at the Defendant’s workplace and affixed a front registration number plate on a DWz C220 automobile registered for goods, and used the car registration number plate unlawfully by operating it from October 2, 2016 to February 11, 2019.

Summary of Evidence

1. Statement to the effect that the defendant recognizes objective facts established in this Court

1. A report on internal investigation (the grounds for commencement of internal investigation and the submission of records on operation referred to in D);

1. A report on internal investigation (affixing a report on the transit of a vehicle under suspicion of internal investigation (Attachment to a report on the transit of a "D" vehicle);

1. Application of Acts and subordinate statutes to a report on investigation (specific crime period);

1. Article 78 of the relevant Act and Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act concerning criminal facts, the selection of fines, and the selection 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 asserted that the person related to the lawsuit of provisional payment order under Article 334(1) of the Criminal Procedure Act shall manage a motor vehicle for sale under Article 59 of the Motor Vehicle Management Act. The defendant and his defense counsel asserted that an act of operating a motor vehicle outside the store inevitably outside the store for the purpose of vehicle inspection, gas supply, etc. (hereinafter "motor vehicle of this case") and that an act of operating a motor vehicle outside the store to show the vehicle to the driver prior to the sale of the vehicle is a justifiable act.

On January 5, 2018, the following circumstances, which are recognized as comprehensive consideration of the above evidence, i.e., the instant vehicle on the Go Chang-S.-S.-S. Highway.

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