(영문) 수원지방법원 평택지원 2017.07.19 2017고단540 (1)

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 평택지원 2017.07.19 2017고단540 (1)

자동차관리법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to conduct a motor vehicle management business shall register with the head of a Si/Gun/Gu as prescribed by Ordinance of Ministry of Land, Infrastructure and Transport.

The Defendant, without registering his automobile maintenance business to the competent authority on January 22, 2013, was equipped with the equipment necessary for the maintenance of automobiles, such as 2 wing C, 2 wing C, 430 square meters, with the trade name “C,” and received 6 million won from the borrower from the time when he installed a wing-line for the D freight and received wing-line 6 million won from the borrower from November 20, 2014, without having registered the automobile maintenance business. In addition, until November 20, 2014, the Defendant received a request for structural change, such as the installation of a wing-line or loading wing-line, and received a total of KRW 194,100,000,000 from the truck borrower, from the time on which he received a request for structural change, and received a delivery in return.

Accordingly, the defendant operated the unregistered automobile maintenance business.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each police suspect interrogation protocol regarding E;

1. Investigation report (a summary of the case and the reasons for separate transfer);

1. Application of statutes on business registration certificates;

1. Article 79 subparag. 13 and Article 53 subparag. 1 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015; hereinafter the same shall apply) on criminal facts

1. Selection of imprisonment with prison labor chosen;

1. The reasoning for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) of the suspended sentence is to be taken into account: (a) the confession and reflect of the crime by the defendant; (b) the frequency and scale of the crime in question; (c) the number of times and scale of the crime in question; (d) the economic benefits of the defendant; (e) the background and circumstances after the crime; (e) the normal relationship after the crime; and (e) the age

참조조문

-형법 제62조 제1항

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