(영문) 서울서부지방법원 2018.10.01 2018고단2795

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(영문) 서울서부지방법원 2018.10.01 2018고단2795

자동차관리법위반

Text

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

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of four years for a violation of the Motor Vehicle Management Act in the support of the Sugwon of Suwon Friwon on November 1, 2017, and was sentenced to a suspended sentence of one year for a violation of the Motor Vehicle Management Act, and the said judgment became final and conclusive on November 9, 2017.

[2] A 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.

Nevertheless, on August 11, 2018, the Defendant, without registering with the competent authority, was equipped with the repair work site, such as paints, compressors, and smoke straws, in the southwest of Dongjak-gu Seoul Metropolitan Government, Seoul, to receive an amount equivalent to 30,000 won for repair from a person who is not his/her name, and carried out a motor vehicle management business by sealing the part of the driver and the right pent part of the Cran vehicle by using strings, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of violation of the Automobile Management Act;

1. Application of statutes on site photographs;

1. Article 79 of the relevant Act concerning criminal facts, Article 79 of the Automobile Management Act and Article 53 (1) of the same Act concerning the selection of punishment, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The circumstances favorable to the fact that the instant crime was committed at the same place even during the suspension period of the execution of the same kind of crime: considering the fact that the so-called living criminal was committed, and that the Defendant recognized the instant crime and did not carry out a registered car management business again, the sentence of sentence is not imposed only once taking into account all other circumstances, including the Defendant’s age, sex, behavior, career, home environment, motive for committing the instant crime, and circumstances after committing the instant crime, etc.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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