logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.08.16 2019고정1163
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 16, 2019, the defendant was sentenced to six months by the Incheon District Court for the crime of violation of the Road Traffic Act (refluence of measurement), and the judgment became final and conclusive on February 11, 2019.

A person who takes over a registered motor vehicle shall file an application for registration of transfer of the ownership of a motor vehicle with the Mayor/Do Governor within 15 days from the date of purchase.

Nevertheless, at around 14:30 on April 24, 2018, the Defendant acquired B B B B B B B B B BY car from a person who was unaware of his/her name in Seo-gu Incheon, Seo-gu, Incheon, but did not file an application for ownership transfer registration within 15 days without justifiable grounds.

Summary of Evidence

1. Investigation report (attached to documents A by a suspect), electronic financial transaction confirmation, details of inquiries about details of transactions, and the register of automobiles (B) of the accused;

1. Previous convictions in judgment: Supreme Court inquiry and application of Acts and subordinate statutes;

1. Article 81 subparagraph 2 of the Automobile Management Act and Articles 12 (1) of the same Act concerning criminal facts and the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the reasonable circumstances] show the attitude of recognizing and opposing the instant crime.

The crime of this case shall be fair in the case of concurrent crimes under the latter part of Article 37 of the Criminal Act with the violation of the Road Traffic Act (Refusal of measurement) in which a judgment has become final and conclusive.

[Unjustifiable circumstances] The act of a purchaser of a used motor vehicle without transferring ownership as a result of the so-called act of operating the vehicle without transferring ownership is neglected to promote the distribution of the so-called large-sized vehicle, and there is a need to punish the defendant as much as the harm caused by the act is not small.

In addition, the arguments and records of this case, such as the defendant's age and behavior environment, motive means of crime, and circumstances after crime, are revealed.

arrow