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(영문) 대구지방법원 서부지원 2014.05.29 2014고단555

자동차관리법위반

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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, as prescribed by Ordinance of the Ministry of

Nevertheless, the Defendant did not register a motor vehicle management business, from around September 201 to April 2014, the Defendant occupied and traded without obtaining lawful procedures for the transfer of the names from the whole country, such as the Defendant’s residence in Seo-gu Incheon, Seo-gu, Incheon, and thus, posted an advertisement on the distribution of “Lease Special Purchase G” on the Internet D, E, and F website, which is the site of one-person car transaction, that is, the actual driver and the nominal owner of the registration, to purchase and sell the “Mopo car” or arrange the sale of the “Mapo car” at least 160 times in total, as indicated in the list of crimes.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning H;

1. An investigation report (Attachment of a suspect A text message), - Application of each one of the Acts and subordinate statutes concerning text messages;

1. Article 79 subparagraph 13 of the Automobile Management Act and Article 53 (1) of the relevant Act concerning facts constituting an offense;

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 where a motor vehicle is transferred to a third party without registering the transfer of a motor vehicle, 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, and in detail, if a motor vehicle dealer is requested to arrange the sale of a motor vehicle from a person other than the owner entered in the register, the motor vehicle transaction shall not arrange