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(영문) 전주지방법원 2014.01.10 2013노1180
자동차관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant was unable to obtain documents necessary for the registration of transfer of ownership from C, the seller of the instant motor vehicle, and failed to register transfer of ownership on the instant motor vehicle, there is a justifiable reason for failure to register transfer of ownership.

B. In light of the overall conditions of sentencing on the sentencing, the lower court’s sentencing penalty of KRW 1,00,000 (fine 1,000) is too unreasonable.

2. Determination on the grounds for appeal

A. 15 days from the date of purchase as stipulated in Article 12(2) of the Automobile Management Act and Article 26(1)1 of the Decree on the Registration of Motor Vehicles. The legislative purpose of the above provision is to restrain the cases where the owner in the public record and the actual owner are operating or using in the crime without being insured. ② The Defendant purchased the instant motor vehicle from C, and ordered the Defendant’s household G to transfer KRW 4,00,000 to the H’s account under the H’s name. ③ The Defendant, upon purchasing the instant motor vehicle, stated one motor vehicle registration certificate, the certificate of personal seal impression and the certificate of issuance of a resident registration certificate, the name and mobile phone number of the owner of the instant motor vehicle, and did not prepare the sales contract and the certificate of transfer registration, and the Defendant did not lawfully obtain the documents related to the instant motor vehicle dealer’s registration.

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