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(영문) 의정부지방법원 2017.04.20 2016고정1251
자동차관리법위반등
Text

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

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

Reasons

Punishment of the crime

On February 27, 2016, the Defendant driven a rocketing car without obtaining a driver’s license from approximately 20 km from the front of the non-cafeteria to the front of the D in Yangju-si, in the vicinity of the Pocheon-si, the Defendant around 15:40 on February 27, 2016.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Application of Acts and subordinate statutes to investigation reports (report on attachment to the ledger of driver's licenses);

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. A person who acquires a motor vehicle registered in the facts charged shall file an application for registration of transfer of motor vehicle ownership with the Mayor/Do Governor;

Nevertheless, the Defendant did not apply for the registration of transfer of the ownership of a motor vehicle without justifiable grounds, even though he/she acquired E rocketing motor vehicle from F around October 2015 in KRW 300,000.

2. Article 12(1) of the Motor Vehicle Management Act and Article 26(1)1 of the Decree on the Registration of Motor Vehicles provides that a person who acquires a registered motor vehicle shall file an application for the registration of the transfer of the ownership of a motor vehicle with the Mayor/Do Governor within 15 days from the date of purchase, and Article 81(2) of the same Decree provides that a person who fails to file an application for the registration of the transfer of ownership without good cause, in violation of Article 12(1) shall be punished.

The crime of violation of Article 81 subparag. 2 and subparag. 12 subparag. 1 of the Automobile Management Act due to the failure to file an application for the registration of transfer of ownership of a motor vehicle is established immediately due to the failure of the transferee of the registered motor vehicle to file an application for the registration of transfer of ownership within 15 days from the purchase date of the motor vehicle without justifiable grounds (see Supreme Court Decision 2012Do1507, Jul. 25, 2013). In this case, the Health Unit.

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