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(영문) 서울서부지방법원 2017.11.15 2017고단2696
자동차관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who operates a motor vehicle management business with the compact shower, presses, smoke, etc. in Mapo-gu Seoul Metropolitan Government 'C', and a person who intends to operate a motor vehicle management business shall register with the competent authority under the conditions as prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs.

Nevertheless, the Defendant, without registering with the competent authority on June 28, 2017, at around 16:00, received KRW 200,000 from the above “C”, and carried out a motor vehicle management business by performing the work of exchanging the panion of the D Allied motor vehicles, which is a maintenance work that can be carried out by a motor vehicle management business entity.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. A written accusation, a written confirmation of detection, and a field photograph;

1. Application of Acts and subordinate statutes to investigation reports (verification of standards for registration of motor vehicle management business);

1. Article 79 of the Act applicable to the facts constituting an offense and Articles 79 of the Automobile Management Act and Article 53 (1) of the same Act (Selection of Imprisonment with prison labor);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant continues to engage in the business of repairing unregistered motor vehicles, even though he/she was sentenced to seven times or more for the same crime, so the defendant is entitled to a suspended sentence in consideration of the fact that he/she is a living offender.

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