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(영문) 부산지방법원 2017.03.17 2016고정3925

자동차관리법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Motor vehicles in violation of the Automobile Management Act (operation even if they are not the motor vehicle user), shall be operated by the motor vehicle owner or a person entrusted with the matters concerning the operation, etc. of motor vehicles by

B The franchise vehicle is seized due to tax delinquency, such as delinquent local taxes, and the owner and the driver are different from each other, and the defendant is not the owner, and there is no fact that the owner is entrusted with the operation of the vehicle by the owner.

Nevertheless, around 11:30 on March 7, 2016, the Defendant violated C Apartment-si, 2304 Dong 401 on the same day from the street in front of 2304 Dong 401 on the same day to the street in front of the 15:30-dong, Busan Jin-dong, Busan, and 429-19 on the road in the section of 400 kilometers of the scientific university.

2. A person who takes over a motor vehicle registered in violation of the Motor Vehicle Management Act shall file an application for registration of transfer of ownership of the motor vehicle with the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, around 19:00 on June 1, 2015, the Defendant: (a) purchased the B franchise vehicle from the name D before the bus terminal in the thought-gu Busan Metropolitan City trigrams and operated it without registering the transfer under the name of the Defendant by March 7, 2016; and (b) operated it without registering the transfer by March 7, 2016.

Summary of Evidence

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

1. Police investigation report (to attach telephone investigation for suspect, copy of statement E by the nominal owner of a vehicle, attachment of seized articles to photographs, confirmation of suspect's driver's license, etc., copy of registration certificate, etc.);

1. Application of the police seizure protocol statutes;

1. The relevant criminal facts, Articles 81 subparag. 7-2 and 24-2 subparag. 1 (the operation of a motor vehicle by a person who is not the user of a motor vehicle) of the Automobile Management Act, and Article 81 subparag. 2 of the Automobile Management Act, state the written indictment, “Article 80 subparag. 2 of the Automobile Management Act,” but the written indictment is written.