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(영문) 서울동부지방법원 2017.02.07 2016고정2020
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

Any person who takes over a registered motor vehicle shall file an application for the registration of transfer of motor vehicle ownership with the Mayor/Do Governor, as prescribed by Presidential Decree

The Defendant did not file an application for the registration of transfer of ownership of a motor vehicle without justifiable grounds, even though he/she acquired DMW motor vehicle owned by B from the Seochoman on June 2015.

Summary of Evidence

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Each police statement protocol against C and E;

1. The complaint book, the motor vehicle registration ledger, the investigation report (referring to E, the witness E, the investigation report), the unmanned control inquiry, the motor vehicle registration certificate, the confirmation letter, the agreement, and the judgment [the defendant Eul promised to make the ownership transfer registration of the above motor vehicle three months after he/she made a promise to make the ownership transfer registration of the above motor vehicle, and thus, he/she was operated without making the registration of transfer

However, such circumstance alone cannot be viewed as a legitimate ground under Article 81 subparagraph 2 of the Automobile Management Act.

1. Article 81 Subparag. 2 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015) and Article 12 Subparag. 1 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015) concerning criminal facts;

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 concerning the order of provisional payment;

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