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(영문) 창원지방법원 2017.05.11 2017고단210
자동차관리법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in delivery work at “C” in Changwon-si B.

(a) An automobile shall be operated by an automobile user entrusted with the matters concerning the operation, etc. of automobiles by an automobile owner or an automobile owner;

Nevertheless, the Defendant, on July 4, 2016, operated up to August 29, 2016, on the 6-dong-ro 128 Sungwon-si, Sungwon-si, 128, 65-dong-ro, and the 700,000 won on the Internet’s “D” website, while the “E” business motor vehicle was not the user of the motor vehicle.

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

Nevertheless, the Defendant did not make a transfer registration by August 29, 2016, on the date and time of the above “A”, and at the place, the “E” motor vehicles that were transferred to the needy person.

Summary of Evidence

1. Statement by the defendant in court;

1. Data to destroy a letter of a vehicle sales notice in an unlawful name;

1. Investigation report (verification of illegal names of motor vehicles, verification of the register and measures related to motor vehicles);

1. Investigation report (applicable to the verification of a seller and owner of a motor vehicle in an illegal name for EM business);

1. Article 81 subparagraph 2 of the relevant Act concerning the facts constituting an offense, Article 81 subparagraph 2 of the Automobile Management Act, Article 12 (1) of the Motor Vehicle Management Act (a point where an application for registration of ownership transfer is not filed), Articles 81 and 7-2 and 24-2 (1) of the Motor Vehicle Management Act (a point where an application for registration of ownership transfer is not filed) concerning the selection of a fine,

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. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is recognized as having been operated without being registered with the so-called large-sized vehicle, and there are considerable social harm caused thereby.

However, there is no record that the defendant has been punished for the same crime.

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