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(영문) 대구지방법원 2016.12.22 2016고단4750
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 4750"

1. Violation of the Automobile Management Act;

(a) A person who takes over a registered motor vehicle shall file an application for registration of transfer of ownership with the Mayor/Do Governor within 15 days;

Nevertheless, on March 2016, the Defendant issued 4 million won in cash to the name poor in contact through the “B” website, which is a sales site of Cheongpo-si, in front of the Cheongpo-si in Cheongpo-si, and did not file an application for registration of transfer of ownership under the name of the Defendant within 15 days after purchasing the Cheongpo-si.

Accordingly, the defendant did not apply for the registration of transfer of ownership of motor vehicle without justifiable reasons.

(b) An automobile owner or a person entrusted with matters concerning the operation, etc. of automobiles shall operate the automobile;

On March 2016, the Defendant operated the said car at approximately 300km from the Cheongju-si Station located in Heung-gu, Chungcheongnam-gu to the front road of the Defendant’s house located in Daegu-gu, Seoul-gu, Cheongju-si, which was registered as an illegal name car (hereinafter referred to as “motor vehicle”), around 14:40 on June 4, 2016, the Defendant operated the said car at approximately 1km from the front day of the Defendant’s house as stated in the above paragraph (a) to the front day of the two kinds of parks located in 36 in the park circulation in Daegu-gu, Seo-gu.

Accordingly, the defendant operated a motor vehicle twice even though he is not a motor vehicle user.

2. When the defendant is prohibited from operating any motor vehicle which is not covered by the mandatory insurance for violating the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act, he shall operate it on the road, he shall operate it on two occasions at the date and time as stated in paragraph (b) above, and at the place as stated in paragraph (1) above, and without obtaining a mandatory insurance, as described in paragraph (b) above;

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