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(영문) 서울북부지방법원 2017.02.15 2016고단5013
자동차관리법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Anyone who intends to conduct a motor vehicle management business shall register with the head of a Si/Gun/Gu in accordance with the Ordinance of the Ministry of Land, Infrastructure and Transport.

Nevertheless, at around 10:55 on September 27, 2016, the Defendant, without registering with the competent authority, operated a motor vehicle maintenance business with the trade name “D” from February 27, 2016 to September 27, 2016, and operated approximately 40 motor vehicles using the said facilities, with the machinery, apparatus, etc. necessary for the car painting, such as comp-packers, presses, and smoke strings, with approximately 33.05 square meters in the place of business from February 27, 2016 to September 27, 2016.

In this respect, the defendant did not register and carried out the automobile management business.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A certificate of detection;

1. Application of the Acts and subordinate statutes governing enforcement photographs;

1. Article 79 of the Act applicable to the facts constituting the crime, Article 79 of the Automobile Management Act and Article 53 (1) of the same Act, the selection of punishment for imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to three years;

2. The sentence shall be determined like the order, taking into consideration the purport of the Automobile Management Act, six times or more, the records of fines imposed for the same kind of crime, and the fact that the business has been continued until the sentenced date, which is to ensure public safety by prohibiting the motor vehicle management business which has not been sentenced to the sentence, and the age, sex, environment, etc. of the defendant;

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