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(영문) 인천지방법원 2017.11.03 2017고단4662
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who takes over an automobile registered in violation of the Automobile Management Act shall file an application for the registration of transfer of ownership with the Mayor/Do Governor within fifteen days from the date of acquisition;

Nevertheless, the Defendant did not file an application for the registration of transfer of ownership of a motor vehicle until March 13, 2017, even though he/she acquired a motor vehicle from F, in the name of E E in front of the Office C located in Jung-gu Incheon, Jung-gu, Incheon.

2. Around 10:10 on March 13, 2017, the Defendant driven a car using E T-Ra X-ray without obtaining a driver’s license in the section of approximately 100 meters front of the exit road No. 113, a Gasan-ro, Seongdong-gu, Seongdong-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement made to F or D;

1. A motor vehicle registration certificate copy, a copy of a seal imprint certificate, a register of tea (EXE), and a register of motor vehicle registration (A);

1. In light of the following circumstances, the Defendant, who acquired a registered vehicle, did not apply for the registration of ownership transfer without justifiable grounds, in light of the vehicle driver’s license ledger, vehicle photographs (the evidence duly adopted and examined by this court, and the following circumstances revealed:

It is reasonable to view it.

① A passenger car as indicated in the judgment (hereinafter referred to as “car in this case”) was registered as transfer of ownership on June 14, 2012 in D’s name.

The F lent KRW 6 million to G around June 16, 2012, and G offered the instant car to F as security.

F around that time, F received the instant car from G along with relevant documents, such as D’s seal imprint certificate and a copy of the car inspection certificate.

② During the police investigation, D did not purchase the instant passenger vehicle, and issued a certificate of seal imprint, a certified copy of resident registration, etc. by stating that G would provide a loan, and G purchased the instant passenger vehicle by using the document.

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