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(영문) 수원지방법원 2015.07.08 2015노556
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence of the court below (eight months of imprisonment) is too unreasonable.

2. Ex officio determination (the point of violation of Automobile Management Act);

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

On February 2, 2008, the Defendant did not file an application for the registration of the transfer of name within 15 days without justifiable grounds, even though he/she received B vehicles in cash from D at the 00,000 square meters and received B vehicles from the 00,000 square meters or less located in the 00,000.

B. Determination 1) The former Automobile Management Act (amended by Act No. 9449 of Feb. 6, 2009) (hereinafter “former Automobile Management Act”).

A) According to Article 12(1) of the former Automobile Management Act and Article 26 subparag. 1 of the former Enforcement Decree of the Automobile Registration Act (amended by Presidential Decree No. 21789, Oct. 19, 2009), a person who acquires a motor vehicle registered is obligated to file an application for the registration of transfer of ownership of the motor vehicle with the Mayor/Do Governor within 15 days from the date of the purchase of the motor vehicle, but the motor vehicle is excluded from the “motor vehicle” (see Article 5 of the former Motor Vehicle Management Act). According to Article 48(2) of the former Motor Vehicle Management Act and Article 101(1)2 of the former Enforcement Rule of the Motor Vehicle Management Act (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 222, Feb. 18, 2010), the owner of a two-wheeled motor vehicle shall report to the head of a Si/Gun/Gu within 15 days from the date of purchase of the two-wheeled motor vehicle.

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