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(영문) 춘천지방법원 영월지원 2015.07.10 2015고정91
자동차관리법위반
Text

Defendants shall be punished by a fine of one million won.

If the Defendants did not pay the above fines, they shall be prohibited.

Reasons

Punishment of the crime

1. Defendant A is a person who was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, etc. at the Suwon District Court on November 27, 2014 and on January 30, 2015, and the judgment became final and conclusive on January 30, 2015.

Where a person who has acquired a motor vehicle intends to transfer it to a third party, he/she shall file an application for the registration of transfer of motor vehicle under his/her name.

Nevertheless, at around 17:00 on July 13, 2014, the Defendant sold C Bodyman car, which is a large-scale vehicle purchased from a person who was not injured in his name in the past, to B without filing an application for ownership transfer registration in the name of the Defendant.

2. A person who takes over a registered motor vehicle shall file an application for registration of transfer of the ownership of the motor vehicle with the Mayor/Do Governor;

Nevertheless, the Defendant did not apply for the registration of transfer of ownership of a motor vehicle without justifiable grounds, even though he purchased the said motor vehicle from A at the date and place mentioned in paragraph (1) above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Automobile registration certificate and mandatory insurance;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);

1. Article applicable to criminal facts;

(a) Defendant A: Article 80 subparagraph 2 of the Automobile Management Act and Article 12 (3) of the Automobile Management Act;

(b) Defendant B: Article 81 subparag. 2 and Article 12(1) of the Automobile Management Act

1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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