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(영문) 서울남부지방법원 2018.11.07 2018고정770
자동차관리법위반
Text

Defendant shall be punished by a fine of two million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

Any person who takes over a registered motor vehicle shall apply for the registration of transfer of ownership to the competent authority.

Nevertheless, the Defendant, while taking over the last car from D, the representative director of the said company, at the office of the Co., Ltd. located in Ansan-si on August 4, 2017, did not apply for the registration of transfer of ownership within 15 days without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigation report (to hear statements from witnesses D);

1. Investigation report (to hear the statement of staff of the motor vehicle registration team);

1. A motor vehicle transfer certificate;

1. Business registration certificate or certificate of seal imprint;

1. The Defendant, including the details of the administrative fine [the Defendant: (a) purchased the first passenger car (hereinafter “the instant vehicle”) from the representative director D of C Co., Ltd.; (b) applied for the registration of transfer within the prescribed period; (c) however, (d) failed to make the registration of transfer due to tax and medical insurance premium arrears; (b) failed to resolve the request to D; (c) did not resolve the request; and (d) revoked the sale of the instant vehicle, there was a justifiable reason for not filing the registration of transfer.

DaNN

However, the following circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, ① the Defendant operated after the order to suspend operation of the instant automobile was issued upon request by D, and continued to operate the instant automobile after the transfer contract with D. The fine for negligence of violation of spirits was paid by the Defendant and the Defendant should complete the registration of transfer. ② The portion of the order to suspend operation did not have been cancelled is also the reason for the Defendant to not file an application for the registration of transfer. However, D is likely to use the instant automobile as the “large-scale car” without the instant automobile, and the Defendant would have cancelled the order to suspend operation when paying the fine for negligence.

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