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(영문) 대구지방법원 서부지원 2015.04.23 2014고단1576 (1)
자동차관리법위반
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On March 26, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Automobile Management Act at the Changwon District Court, etc. on one year and six months, and the judgment became final and conclusive on April 3, 2015.

On November 2013, 2013, the Defendant: (a) purchased a passenger car of 7 million won from a person who was not the deceased on his name, and operated it without the transfer registration of ownership; and (b) sold the said SM5 car to D on the street at the bus terminal near the city bus terminal located in the Chang-si, Changwon-si, Changwon, on December 2, 2013, the Defendant transferred the said SM5 car to 7 million won in cash without the transfer registration under the name of the Defendant.

Summary of Evidence

1. Court statement of the defendant (the fifth court date);

1. Statement made by Defendant D in the first trial record;

1. Previous convictions in judgment: Criminal records and the application of statutes governing judgment;

1. Article 80 subparag. 2, Article 12(3), and Article 39(1) of the Act on the Punishment, etc. of Criminal Crimes does not select a separate sentence because it is exempt from punishment for the same crime. 1. [The defendant is detained for a considerable period of time due to the same crime committed at the same time as the crime of this case. The crime of this case and the crime of this case for which judgment has become final are concurrent crimes under the latter part of Article 37 of the Criminal Act. Considering the relation, motive, means, and circumstances after the crime of this case, the crime of this case is exempted from punishment for the defendant, taking into account the following factors: (a) the case for which the above judgment has become final and conclusive and the case of this case could not have any difference in sentencing of the case for which judgment became final and conclusive.]

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