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(영문) 대구지방법원 서부지원 2016.11.11 2016고정799
자동차관리법위반
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

1. Although a person who takes over a registered motor vehicle without filing an application for the registration of transfer of ownership of a motor vehicle with the Mayor/Do Governor on May 2, 2016, the Defendant acquired a DNA motor vehicle registered in the name C from a deceased person of his/her name in the vicinity of the second class park swimming pool located in the Seogu Seo-gu, Seogu, Daegu, Daegu, on May 1, 2016, and did not file an application for the registration of transfer of ownership without good cause.

2. The Defendant is a person who is not a motor vehicle user and is not entrusted with the operation thereof by C, the owner of the motor vehicle in the above Ecoos car.

A motor vehicle shall be operated by the motor vehicle owner or the motor vehicle user entrusted with matters concerning the operation, etc. of the motor vehicle, and no one shall operate any motor vehicle in violation of such provisions.

Nevertheless,

A. On May 2016, the Defendant operated the said Acub car at the 1km section from around the front road of the Defendant’s house located in Daegu-gu, Seogu, Seoul-gu, to the front road.

B. At around 13:00 on June 5, 2016, the Defendant operated the said Ecoos car at the 1km section from the front of the office of the above Defendant to the front road of the Daegu Cultural Center located in Seogu Seo-gu, Seogu.

Accordingly, the defendant operated a motor vehicle as a person who is not an automobile user.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each investigation report (in relation to attachment of a copy of a motor vehicle registration certificate, the contents of the vehicle-owned currency, and the closure of the F sale letters and the register of motor vehicles);

1. Article 81 subparagraph 2 of Article 81, Article 12 (2), Article 7-2, and Article 24-2 (1) of the Motor Vehicle Management Act concerning facts constituting an offense, and the selection of penalties for a fine;

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

1. Detention at a workhouse;

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