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(영문) 인천지방법원 2018.07.04 2018고단655

자동차관리법위반등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of ten months of imprisonment due to a crime of bodily injury resulting from confinement in the Incheon District Court on April 14, 2017, and the sentence became final and conclusive on April 14, 2017, and is currently under suspended sentence.

[Criminal facts]

1. On October 30, 2017, the Defendant violated the Automobile Management Act, along with C (a disposition of suspending indictment on the same day), asked E to purchase a used vehicle in the south-gu Incheon Metropolitan City D around October 11, 2017. The Defendant presented a proposal to purchase the used vehicle, indicating the intent to purchase the used vehicle, and displaying the FK7 car driven by the Defendant, moving it to the Southern-gu G, Incheon Metropolitan City.

Accordingly, the defendant did not make a registration in collusion with C, but did the automobile trade business.

2. On October 30, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a fK7 car at approximately 8km section fK7 car around the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, to the 123-ro new apartment complex, without obtaining a driver’s license for a car around 11:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. The driver's license ledger;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts, Articles 79 subparag. 13 and 53(1) of the Automobile Management Act, Article 30 of the Criminal Act ( point of operating a unregistered motor vehicle transaction business), Articles 152 subparag. 1 and 43 of the Road Traffic Act, and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (the defendant and his/her defense counsel asserted that the defendant's defendant and his/her defense counsel only provided good offices for sale and purchase only once after sending E at the time and place specified in the facts charged, and do not conduct a motor vehicle trade business without registration.

However, according to the witness E's legal statement and all the evidence submitted by the prosecutor, it is sufficiently recognized that the defendant has engaged in the business without registration, such as the entries in the facts charged, in collusion with C.