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(영문) 대구지방법원 2016.11.11 2015고정2755
자동차관리법위반등
Text

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

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

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 15 days from the date of purchase;

Nevertheless, on April 2015, the Defendant acquired the C C C C C's vehicle from the dong Daegu High-Speed Terminal located in the Daegu East-gu, Daegu-gu, and did not apply for the registration of the transfer of the ownership of a motor vehicle without justifiable grounds within 15 days from the date of acquisition.

2. On July 16, 2015, the Defendant, without a driver’s license, driven a C-W-man car at the 4km section from the front road of the Gyeongyang-si in Busan-si without a driver’s license, to the front road of the 517 Daegu-gu Innovation, Daegu-gu.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Each legal statement of witness B, D, and E;

1. Application of the Act and subordinate statutes on the ledger of driver's license, certificate of automobile insurance subscription, register of automobiles, copy of automobile insurance subscription form, and tracking of sellers of large vehicles

1. Article 81 Subparag. 2 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015); Article 12(1) of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015); Article 152 Subparag. 1 and Article 43 of the Road Traffic Act; the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act concerning the provisional payment order argues that the defendant merely lent the instant vehicle to B with money and did not take over the vehicle.

According to the evidence duly adopted and investigated by this Court, the instant vehicle was transferred under the name of D on February 27, 2014, but the F was in the same business relationship D, and the said vehicle was used.

The contact was cut down, and D is the above vehicle on November 20, 2014.

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