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(영문) 인천지방법원 2018.03.16 2017노3718
자동차관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of grounds for appeal (if the grounds for appeal by the defendant are not clear, it shall be the following:

A. In fact, the Defendant, misunderstanding the legal principles, purchased R7 passenger cars (hereinafter “the instant vehicle”), paid unpaid taxes and fines for negligence, and filed a lawsuit against the registered title holder, and subsequently completed the registration of ownership transfer of the instant vehicle. As such, there was no intention as to the violation of the Automobile Management Act, and there was justifiable reason for failing to file an application for the registration of transfer of the instant vehicle within 15 days from the date of acquisition.

B. The sentence sentenced by the lower court (2,000,000 won) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the following facts or circumstances can be acknowledged in full view of the evidence duly adopted and examined by the court below.

A) The Defendant, “S,” a sales site, reported a notice posted B to sell the instant vehicle at the S, and purchased the instant vehicle.

B) The Defendant purchased the instant automobile on the ground that, even though he knows that the instant automobile, which is T-owned, cannot normally complete the registration of transfer due to a large-scale car, he purchased the instant automobile on the ground that it was lower than that of the middle

C) On February 17, 2016, the Defendant filed a lawsuit against T on the Suwon Friwon seeking the ownership transfer registration of the instant vehicle (the Suwon District Court 2016 Ghana 6398) but not only filed the lawsuit after the lapse of 15 days from the date of the transfer of the instant vehicle, but also made it unclear whether the registration of the transfer of the instant vehicle can be completed through the said lawsuit.

2) Comprehensively taking account of the above facts and circumstances, the Defendant cannot complete the registration of transfer of the instant motor vehicle within 15 days as prescribed under Article 12(1) of the Automobile Management Act and Article 26(1)1 of the Decree on the Registration of Motor Vehicles, even if he purchases the instant motor vehicle.

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