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(영문) 인천지방법원 2019.05.10 2019고정679
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the “C”, which is a motor vehicle luminous enterprise, on the first floor of Michuhol-gu Incheon Metropolitan City.

Anyone who intends to run 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, on November 9, 2018, the Defendant did not register a motor vehicle management business, and had various tools and tools necessary for painting work, such as the compact presses, at the above C’s workplace on November 10:15, 2018, and had 500,000 won at the repair cost, after leaving the D Kaxa car, which was found there.

Accordingly, the defendant operated a motor vehicle management business without registration.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shows an attitude of recognizing and reflecting the crime of this case. However, although the defendant had had a record of punishment for the same act in the same place, it seems that the defendant has re-offending the same act in the same place, and thus, the punishment for such crime is not weak.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age and criminal behavior environment, motive means, results of the crime, and circumstances after the crime, etc., and the records.

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