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(영문) 대전지방법원 2015.05.20 2015고정349
자동차관리법위반
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any 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, as prescribed by Presidential Decree, and where any person who takes over the motor vehicle intends to transfer the motor vehicle again to a third party, he/she shall file for registration of transfer of the ownership

1. On May 24, 2012, the Defendant violated Article 81 Subparag. 2 of the Motor Vehicle Management Act, even though he/she acquired a D E E E options-out car registered as owned by C from B on the roads near the South Korean University located in the Dong-dong, Daejeon Metropolitan City, the Defendant did not file an application for registration of transfer of ownership of the said motor vehicle without justifiable grounds.

2. The Defendant, in violation of Article 80 Subparag. 2 of the Automobile Management Act, transferred the said car to F, a third party, without filing an application for the registration of transfer of ownership of the said car in the name of the Defendant, even though he/she acquired a car to be registered as D E E E options, which was owned by C from the aforementioned date and place specified in the foregoing paragraph (1), and without filing an application for the registration of transfer of ownership of the said car in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and F by the prosecution;

1. Each police interrogation protocol against the accused, F, and B;

1. Insurance details and application of Acts and subordinate statutes concerning vehicles;

1. Article applicable to facts constituting an offense, Article 81 subparagraph 2 of the Motor Vehicle Management Act, Article 12 (1) of the Motor Vehicle Management Act (a violation of registration of transfer of ownership after transfer), Article 80 subparagraph 2 of the Motor Vehicle Management Act, Article 12 (3) of the Motor Vehicle Management Act (a violation of registration of transfer of ownership before transfer), and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the heavier punishment, and the addition of concurrent crimes with punishment prescribed in a crime of violating the Automobile Management Act due to failure to file for registration of transfer of ownership prior to transfer);

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) for the detention of a workhouse.

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