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【Main Issues and Holdings】
[1] Meaning of “motor vehicle maintenance business” under the Motor Vehicle Management Act, and the meaning of “businesses prescribed by Article 132 of the Enforcement Rules of the Motor Vehicle Management Act”
[2] In the case where the Defendants were accused of violating the Motor Vehicle Management Act by operating an automotive repair business without filing a registration with the competent authority and by installing a vortex generator into the air intake hose inside a vehicle’s engine room, the case holding that, if the above repair work does not constitute maintenance and repairs stipulated in each subparagraph of the main text of Article 132 of the Enforcement Rules of the Motor Vehicle Management Act, operating a business that provides such service constitutes “motor vehicle maintenance business” under the Motor Vehicle Management Act, regardless of whether the said service constitutes an authorized tune-up, and therefore, the lower court erred by misapprehending the legal doctrine in its judgment of acquittal of the Defendants on the facts charged
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