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(영문) 서울북부지방법원 2016.09.08 2016고정1435

자동차관리법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person who actually holds a cuss car in C registered under B’s name.

No one shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, from around 11:00 on March 23, 2016 to 15:00 on the same day, the Defendant driven a coo vehicle on the above-mentioned section, which was not covered by mandatory insurance at approximately 25 km from about 48 km-ro, Dobong-gu, Seoul, Seoul, to the front side of the building, from around 151 to 43 km-ro, Namyang-si.

2. Where a person who has acquired an automobile in violation of the Automobile Management Act intends to transfer it again to a third party, he/she shall file an application for the registration of transfer of automobile ownership with the Mayor/Do Governor

Nevertheless, around January 15, 2016, the Defendant purchased cubs car from a person whose name cannot be known in the vicinity of the new bank located in Dobong-gu Seoul Metropolitan Government 2-dong, 200,000 won from a person who was unable to know the name, and sold the said vehicle to a person whose name is not known in the vicinity of the new bank located in Dobong-gu Seoul Metropolitan Government 2-dong, 200,000 won without making a transfer registration of ownership.

Accordingly, the defendant transferred the acquired automobile to a third party without making a transfer registration in his name.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. A protocol of seizure and a list of seizure;

1. A copy of a letter and a copy of registration certificate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 46 (2) 2, the main sentence of Article 8 (Operation of Motor Vehicles with no mandatory insurance), Articles 80 (2) and 12 (3) of the Automobile Management Act, and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) of the Criminal Act to be confiscated;

1. The order of provisional payment;