beta
(영문) 수원지방법원 안산지원 2016.08.23 2016고단1312

자동차관리법위반등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who takes over a motor vehicle registered in violation of the Automobile Management Act shall file an application for the registration of transfer of ownership with the Mayor/Do Governor as prescribed by Presidential Decree;

Nevertheless, the Defendant did not apply for the registration of transfer of ownership in the vicinity of D's residence in Kimpo-si, Kimpo-si, around August 2012, even after being transferred E's cargo vehicles from the above D.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, on April 19, 2016, the Defendant operated the said E E-V truck, which was not covered by mandatory insurance in the vicinity of 2074, Ro-gu, Ma-gu, Ansan-si, Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Violation of subparagraph 2 of Article 81 and Article 12 (1) of the Automobile Management Act (which does not apply for the registration of transfer of ownership of a motor vehicle) concerning facts constituting an offense, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and selection of imprisonment, 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. The reasons for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence are as follows: (a) the Defendant led to the instant crime and appears to reflect; and (b) the Defendant has been sentenced two times to a fine due to the same kind of crime, but the Defendant has not been sentenced to imprisonment or more until now; and (c) the sentence as ordered shall be determined