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(영문) 수원지방법원 2016.12.19 2016고단6379

자동차관리법위반

Text

Defendant

A A shall be punished by a fine of 1,000,000 won, and Defendant B shall be punished by a fine of 500,000 won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Where a person who has taken over an automobile intends to transfer the automobile again to a third party, he/she shall make the registration of transfer in his/her name;

Nevertheless, on July 4, 2013, the Defendant did not make a transfer registration under his/her name, even though he/she acquired a DST5 car under the name of a stock company in front of a cafeteria in the mutual unclaimed restaurant in Pyeongtaek-si. On August 4, 2013, the Defendant received 2750,000 won from B near a bus terminal in Bupyeong-si, Seocheon-si and transferred the said car.

2. Where Defendant B intends to transfer again an automobile to a third party, he/she shall make the registration of transfer in his/her name before transferring it;

Nevertheless, the Defendant did not make a transfer registration under his own name even though he acquired a DSS5 car as stated in Paragraph 1, and received KRW 200,000 from a person who was unaware of his name before the F convenience store in Sungnam-gu, Sungnam-si, Sungnam-si. and transferred the said car to the Defendant.

Summary of Evidence

1. Defendants’ legal statement

1. A written accusation;

1. Application of the register of automobiles, detailed statement of payment of vehicle costs

1. Defendants: Article 80 Subparag. 2 and Article 12(3) of the former Automobile Management Act (Amended by Act No. 13686, Dec. 29, 2015); Article 80 Subparag. 2 and Article 12(3) of the same Act; Defendant A selected a fine has committed several crimes of violating the Automobile Management Act until February 2014; thereby, Defendant A was punished by a fine by several times until March 2016. The instant crime committed by the Defendant was committed on July 2013.

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act