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(영문) 대구지방법원 2015.12.18 2015고정2706
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Punishment of the crime

1. Any person who takes over an automobile registered in violation of the Automobile Management Act shall file an application for registration of transfer of ownership with the Mayor/Do Governor within 15 days from the date of acquisition

Nevertheless, the Defendant, at a vehicle lending company located in Daegu Northern-gu around October 2013, where it is difficult to ascertain the trade name, took over Done Star passenger car registered in the name of the said vehicle lending company in the name of the said vehicle lending company in KRW 1,00,000,000, and did not apply for the registration of transfer of ownership by using the said vehicle until March 20, 2015 without justifiable grounds, without applying for the registration of transfer of ownership in the name of the Defendant.

2. Around 00:40 on March 20, 2015, the Defendant, without a vehicle driver’s license, driven a Done Star Motor Vehicle at a section of about 20km from the 1st to the 1st just lock in the companione of the companione-gun of the Gyeongbuk-gun, Pacific-gun, to the 1st licker of the companion road located in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (the result of each covering the scene of the crime and attaching photographs thereto);

1. Detailed details of the driver's license;

1. Automobile register;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 81, Article 12 (1) of the Motor Vehicle Management Act that prescribes the choice of punishment, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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