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(영문) 인천지방법원 2014.11.14 2014고정3249
자동차관리법위반
Text

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

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

A motor vehicle registered as a commercial motor vehicle dealer shall separate the front registration number plate and have it kept by the association of the motor vehicle sale business or the head of the relevant Si/Gun/Gu, and no person shall use the registration number plate unlawfully.

1. Defendant A is the actual owner of CM5 automobiles (No. 1) from November 2013 to January 20, 2014.

On November 2013, the Defendant purchased the said car registered for the goods of the U.S. non-company company from the person who was not named in his name, and did not apply for the registration of transfer. From January 20, 2014 to January 20, 2014, the Defendant used the registration number plate for the goods without legitimate authority.

2. Defendant B is the actual owner of CM5 automobiles from January 20, 2014 to April 14, 2014.

On January 20, 2014, the Defendant purchased the said SM5 car registered for the goods of the U.S. company from the foregoing A, but did not file an application for registration of transfer. From April 14, 2014, the Defendant illegally used the registration number plate of the goods vehicle without legitimate authority by operating the vehicle by using the vehicle in the name of the front registration number plate by attaching it to the previous registration number plate.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the protocol of seizure and the register of motor vehicle (C) statutes;

1. Article 78 subparagraph 2 of the Automobile Management Act and Article 71 (1) of the same Act concerning facts constituting an offense;

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

1. Confiscation Defendant B: Article 48 (1) 1 of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above, each of the provisional payment orders;

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