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(영문) 서울북부지방법원 2017.01.13 2016고단5012
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, the Defendant, without registering with the competent authority on September 27, 2016, operated a motor vehicle maintenance business in the trade name “D” from June 11, 2016 to September 27, 2016, with approximately 13.22 square meters’ work site, equipped with the machinery, equipment, etc. necessary for the motor vehicle painting, such as comppulers, presses, and smoke, and operated approximately 40 motor vehicles on a monthly average basis using the said facilities.

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. Application of E’s written statements, accusations, enforcement photographs, and statutes;

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. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are against the defendant's wrong judgment, the criminal records of the defendant (seven times the previous records), his/her living relationship, etc. shall be determined as the same as the order;

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