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(영문) 창원지방법원 거창지원 2016.12.14 2016고단435
자동차관리법위반
Text

Defendant

A shall be punished by a fine of 1,00,000 won and by imprisonment of 5 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. On April 2013, Defendant A received from D a car registered in the name of “A” in the name of “A” and transferred the said car to B without registering the transfer of ownership under his/her name, while operating the said vehicle in the first place in the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, without registering the transfer of ownership, after receiving KRW 90,000 from B on October 25, 2015.

2. Defendant B

(a) Any person who takes over an automobile registered in violation of the Motor Vehicle Management Act shall file an application for registration of transfer of ownership with the Mayor/Do Governor as prescribed by Presidential Decree;

Nevertheless, the Defendant did not file an application for ownership transfer registration with the competent authority within 15 days without justifiable grounds, even though he/she paid KRW 900,000 to A a car registered in the name of the Living Information Data Co., Ltd. around October 25, 2015, even though he/she received the transfer.

B. The Defendant violated the Road Traffic Act (free license) without obtaining a driver’s license from January 2016 to February 201 of the same year, driving a Cknife car over a approximately 4 km section from the Defendant’s residential area, which was located in the Defendant’s farmland located in the Gyeong-gun, Chungcheongnam-gun, Gyeongnam-gun, to the vicinity of the vinylhouse.

Summary of Evidence

1. Defendants’ respective legal statements

1. Details of comprehensive motor vehicles:

1. Application of Acts and subordinate statutes concerning the ledger of driver's licenses;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: B before the former Automobile Management Act was amended by Act No. 13686, Dec. 29, 2015

(a) The same shall apply;

Article 80(2) and Article 12(3) of the Act, Selection of fines

B. Defendant B: Article 81 Subparag. 2 and Article 12(1) of the former Automobile Management Act (in the absence of the previous registration), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (in the absence of the previous registration), and the choice of imprisonment, respectively.

1. Defendant B from among concurrent crimes: the former part of Article 37 and Article 38(1) of the Criminal Act

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