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(영문) 대구지방법원 서부지원 2014.05.29 2014고단238

자동차관리법위반

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

A person who intends to run a motor vehicle management business shall register with the head of a Si/Gun/Gu.

Nevertheless, the Defendant did not register the automobile management business, from March 4, 201 to December 5, 2013, purchased a large-scale car from Internet D, which is the site that the actual driver and the nominal owner of the registration are specialized in the “one-time car” to a real advertisement, without going through a lawful procedure for transferring the name, and again purchased a large-scale car with a total of 30 to 500,000 won as indicated in the attached list of crimes in the attached list of crimes, by entering it into a real advertisement on the above site.

Accordingly, the defendant carried on the automobile transaction business without registering the automobile management business.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Application of the Acts and subordinate statutes to investigate reports (No. 18, 22, and 25), investigation reports (related to the submission of specific details of crimes and account details recorded in the crime log table), and X-cell file output of account transactions;

1. Article 79 of the Automobile Management Act and Articles 79 and 53 (1) of the same Act concerning criminal facts as applicable to the selection of punishment;

1. The distribution of vehicles for the reason of sentencing alternative to imprisonment with prison labor is highly likely to encourage crimes such as embezzlement, interference with exercise of rights, etc., make it difficult to detect the person in charge of traffic administration or traffic accident, as well as to make it difficult to use it as a tool for various crimes.

Therefore, the Automobile Management Act shall punish cases of transferring a motor vehicle to a third party without registering the transfer of a motor vehicle, and require the competent authorities to register the motor vehicle transaction business and manage the motor vehicle dealer through the improvement order, etc. of the business.