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(영문) 인천지방법원 2013.05.22 2013고단1405
자동차관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall change the odometer of any motor vehicle.

On January 17, 2013, the Defendant: (a) around 14, 2013, the Defendant: (b) opened an instrument board of an exported vehicle with approximately 200,000 km of the odometer (C); (c) Roysta (E); and (c) changed the odometer by linking the cable connected to the meter board to Samsung EMNS (SNS) and inputting the odometer in a computer with the odometer number by 75,48km (observer); (d) 47,104km (in body); and (e) 57,856km (NM) from January 28, 2013, the Defendant received one KRW 20,000 per vehicle by changing the distance board of the vehicle to NEM (NENS); and (e) changed the odometer number from March 28, 2013 to March 28, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the pocket book attached to the police interrogation protocol of the defendant

1. Application of seizure records, list of seizure, and Acts and subordinate statutes to voluntarily produced documents;

1. Article 79 subparagraph 16 of the Motor Vehicle Management Act and the main sentence of Article 71 (2) of the same Act concerning criminal facts and the selection of punishment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant has led to the instant crime and has no record of being sentenced to suspended sentence or heavier punishment is favorable.

However, the Defendant actively committed the instant crime while putting the name of “F” in the office related to the export business, and actively carried out the instant crime. In fact, the number of automobiles whose odometer was changed is significant; the results of deceiving the purchaser of used cars due to the odometer change; and the buyer is unable to purchase used cars at a reasonable price, thereby hindering the export business; furthermore, the purchaser’s error in the odometer is likely to cause an accident.

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