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(영문) 대구지방법원 2017.05.24 2017고정279
자동차관리법위반
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 has taken over a motor vehicle registered in violation of the Motor Vehicle Management Act shall apply for the registration of transfer of ownership to the Mayor/Do Governor as prescribed by Presidential Decree;

On February 2, 2016, the Defendant acquired a hived motor vehicle from C in front of his house located in Daegu Suwon-gu B, and did not file an application for the registration of transfer of ownership of a motor vehicle.

2. An automobile in violation of the Automobile Management Act shall be operated by the owner of the automobile or the user of the automobile who has been entrusted with the matters concerning the operation, etc. of the automobile from the owner thereof;

Although the defendant is not the user of the above vehicle, the above vehicle was operated on June 1, 2016 at the entrance, etc. of the Gyeong-gu, Daegu-gu, Daegu-gu parking lot at around 13:00.

3. Where a person who is not a user of a motor vehicle operates the motor vehicle without justifiable grounds, the Mayor/Do Governor or the head of a Si/Gun/Gu may order the suspension of operation of the relevant motor vehicle upon consent or request from the owner of the motor vehicle.

The Defendant, who ordered the competent authority to stop the operation on April 19, 2016, operated the said vehicle in violation of the order to stop the operation of the said vehicle at the same time and place as that described in paragraph (2).

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. An automobile register, an automobile registration ledger (A), and a vehicle photograph;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 81 subparagraph 2 of the relevant Act on the Management of Motor Vehicles and Article 12 (1) of the said Act on the facts constituting an offense, Article 81 subparagraph 2 of the said Act, Article 81 subparagraph 7-2 of the Automobile Management Act, Article 81 and Article 24-2 (1), Article 2 subparagraph 3 of the said Act (the point of operating an unentrusted motor vehicle), Article 82 subparagraph 2-2 of the Motor Vehicle Management Act, and Article 24-2 (2) of the said Act (the point of operating an motor vehicle ordered to suspend operation);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty:

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