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(영문) 서울북부지방법원 2016.06.02 2015노2372
자동차관리법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, Defendant 1 (as to the crime No. 1 of the lower judgment as indicated in the lower judgment) attempted to register ownership transfer of the said vehicle after one month from the time when C purchases the instant vehicle from around December 2013. However, C could not complete the ownership transfer registration following the death of February 6, 2014.

Therefore, although the defendant's failure to register the transfer due to justifiable grounds, the crime of violation of the Automobile Management Act is not established, the court below found him guilty of this part of the facts charged. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentencing of the lower court’s unfair sentencing (an amount of KRW 5 million) is too unreasonable.

2. 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 acquires a registered motor vehicle shall file an application for the registration of transfer of ownership of the motor vehicle with the Mayor/Do Governor within 15 days from the date of purchase. The crime of violation of Article 81 subparag. 2 and subparag. 12 of the Motor Vehicle Management Act due to a failure to file an application for the registration of transfer of ownership of a motor vehicle is established immediately since the transferee of the registered motor vehicle did not file an application for the registration of transfer of ownership within 15 days from the date of purchase of the motor vehicle without justifiable grounds, and the so-called immediate crime completed at the same time (see, e.g., Supreme Court Decision 2012Do15057, Jul. 25, 2013). The lower court duly adopted and examined the following facts and circumstances, namely, the Defendant did not complete the registration of transfer of ownership of the motor vehicle under his/her name by up to 14 months.

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