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(영문) 수원지방법원 2016.06.16 2016노498
자동차관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of eight months, the suspension of execution of two years, the forfeiture) is too unreasonable.

2. The fact that the judgment defendant acknowledges all of the crimes of this case, and that the defendant has no record of criminal punishment other than a fine so far, etc. is favorable to the defendant.

However, the crime of this case is that the defendant distributes the term "large-scale vehicle" solely or together with his accomplices, and the distribution of "large-scale vehicle" impedes the management of the state, such as the collection of automobile tax, and the increase in the operation of the non-insurance vehicle, and there is concern that the "large-scale vehicle" might be abused for various criminal acts; the number of "large-scale vehicle" distributed by the defendant in the crime of this case is considerable in criminal proceeds; the defendant committed the crime of this case more than again even though he had the record of criminal punishment of a fine due to the violation of the Automobile Management Act by the transfer of a vehicle without the previous transfer registration; and the defendant committed the crime of this case without the transfer registration of ownership in the past, even though he had the record of criminal punishment of a fine due to the violation of the Automobile Management Act by the defendant's age, sexual behavior, environment, family relationship, etc., the sentencing of the court below is too unreasonable.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure: Provided, That each of the laws and regulations applicable to the Defendant ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure changed the “Motor Vehicle Management Act” into each of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015).

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