beta
(영문) 수원지방법원 2016.11.03 2016고정1976

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. Where any person who violates the Automobile Management Act takes over a registered motor vehicle, he/she shall file an application for registration of transfer of ownership with the Mayor/Do Governor;

Nevertheless, the Defendant, around April 2015, operated the said vehicle without justifiable grounds until May 5, 2016, without applying for the registration of transfer of ownership of the said vehicle, even though he/she offered 4.5 million won to a passenger who is unable to know the name in the vicinity of the shuttle bus terminal in Seongbuk-gu, Sungnam-si.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of Branchising vehicle.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, around May 5, 2016, around 11:25, the Defendant operated the said vehicle not covered by mandatory insurance from the Ganju-dong of Gangwon-do to the Gancheon-ri of 439-18 Seocheon-do to the Gancheon-si of Macheon-ri of 110km.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of vehicle operation;

1. Automobile register;

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

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparagraph 2 and 12 (1) of the Motor Vehicle Management Act that choose a sentence (the point of application for non-registration for transfer of ownership, the choice of fines), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating vehicles

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;