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(영문) 대전지방법원 2016.11.17 2016고정1014
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is running a motor vehicle management business with the trade name of "D" in Daejeon Seo-gu Seoul.

A person who intends to operate a motor vehicle management business shall register with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure

Nevertheless, the Defendant, without registering with the head of the competent Gu, was equipped with a frame of about 30 square meters from March 5, 2015 to March 4, 2011:30 from March 4, 2016, with one cans, one compact presses, and one color goods, etc., and carried out a motor vehicle management business by carrying out the vehicle inspection of 20 vehicles every month, such as receiving cash 150,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. F's self-written statement;

1. Application of statutes on site photographs;

1. Article applicable to facts constituting an offense, and Articles 79 subparagraph 13 and 53 (1) of the Automobile Management Act that choose the penalty;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is part of the painting work, and it does not belong to the plate work within the scope of the work of the automobile maintenance business, and the defendant only limited to simple painting using the press cans, which does not include the car maintenance work required to be registered.

2. Article 132 subparagraph 6 of the Enforcement Rule of the Automobile Management Act, which is one of the parts belonging to the work scope of the automobile maintenance business, is carrying out the seal of the vehicle body, and only is the "string" of the vehicle body, and its part concerning a part of the body is distinguishable from the seal of the vehicle body, and it is not specifically excluded from the scope of the work. Thus, the seal work on the vehicle body is also the part concerning the part of the body.

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