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(영문) 전주지방법원 2016.11.10 2016노769
자동차관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence of the grounds of appeal, the court below erred by misapprehending the fact that the defendant acquitted the defendant, although the defendant could have acknowledged the facts charged that he did not file an application for the registration of transfer of ownership of the automobile without justifiable grounds.

2. On May 19, 2014, the Defendant purchased KRW 7,80,00,000 from the instant charges via a used car sale in Japan (hereinafter “instant vehicle”) that had completed the ownership transfer registration in January 27, 2014 (hereinafter “instant vehicle”).

If the Defendant acquired a registered motor vehicle as above, he/she applied for the registration of transfer of the ownership of a motor vehicle to the Mayor of Jung-Eup, which is the competent authority in the residential area. However, he/she operated the instant motor vehicle in the Dong-gun and Gu-gun by August 13, 2014, without making the registration of transfer as a chemical transfer, by the time he/she died on June 30, 2014.

3. Determination

A. According to Article 12(1) of the Motor Vehicle Management Act and Article 26(1)1 of the Decree on the Registration of Motor Vehicles, a person who takes over a registered motor vehicle shall file an application with the Mayor/Do Governor for the registration of transfer of ownership within 15 days from the date of purchase or sale.

The crime of violation of Article 81, Article 81, Article 81, Article 81, Article 81, Article 12, Paragraph (1) of the Automobile Management Act due to a failure to file an application for the registration of ownership transfer is a crime immediately established and the crime is completed simultaneously with the failure of the transferee of the registered automobile to file an application for the registration

(Supreme Court Decision 2012Do15057 Decided July 25, 2013). B.

Therefore, we examine whether the Defendant did not file an application for ownership transfer registration without justifiable grounds until June 3, 2014, which was within 15 days from May 19, 2014 when the Defendant purchased the instant vehicle.

In accordance with the records of this case, the following circumstances, i.e., the former Rules on the Registration of Motor Vehicles, which are acknowledged as follows:

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