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(영문) 청주지방법원 제천지원 2016.12.08 2016고정62

자동차관리법위반등

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 motor vehicle registered in violation of the Motor Vehicle Management Act applies for the registration of the transfer of the ownership of a motor vehicle to the Mayor/Do Governor as prescribed by Presidential Decree, the defendant did not apply for the registration of the transfer of the ownership of a motor vehicle by January 29, 2016, even though he/she took over the motor vehicle of 2,50,000 won from a male on his/her name, which he/she became aware of through a "C, which is an online direct trade site, in the vicinity of the Goyang-dong, Seoyang-dong, Seoyang-gu, Busan Metropolitan City."

2. On October 20, 2015, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) took over the said body-wide car in the vicinity of the Goyang-dong Mayang-dong Mayang-dong Mayang-si, Seoyang-si; and (b) operated the said body-wide car not covered by mandatory insurance in Cheongju-si, Cheongju-si, Cheongcheon-si, etc. until January 29, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The written statement of the defendant;

1. Control manual and investigation report (attached documents related to D vehicles submitted by a suspect A);

1. The register of automobiles (A), the comprehensive protocol of vehicle, D mandatory insurance, copies of the certificate of personal seal impression (E), a copy of a motor vehicle registration certificate, a copy of a contract establishing a mortgage on automobile, a copy of the certificate of vehicle transfer, a copy of the certificate of vehicle transfer, a copy of the certificate of vehicle abandonment, a copy of the certificate of vehicle transfer, a copy

1. Application of DNA Acts and subordinate statutes on vehicle photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act that choose a sentence, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for a crime of violating the Motor Vehicle Management Act which is heavier than the aggravation of concurrent crimes);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;