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(영문) 창원지방법원 2015.05.06 2015고정171

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

On April 23, 2015, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Changwon District Court on April 23, 2015, and the said judgment was finalized on May 1, 2015.

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

Nevertheless, the Defendant, at around 15:00 on April 15, 2014, acquired the CM520 car from a male on the front of the Seongbuk-gu Busan Metropolitan City Btel in cash at KRW 1.2 million, did not apply for the registration of ownership transfer without justifiable grounds.

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

Nevertheless, from April 15, 2014 to April 30, 2014, the Defendant operated the said SM520 car at the window in Changwon-si, including D Apartments, the Defendant’s dwelling at the window of Changwon-si, and the above Btels, the Defendant’s dwelling.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Reporting on internal accidents (Attachment to a mandatory insurance certificate);

1. Reporting on detection of driver of a large vehicle and registration certificate, etc.;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and defendant's statutory statement;

1. Article 81 subparagraph 2 of the Motor Vehicle Management Act, Article 12 (1) of the same Act regarding criminal facts, Article 46 (2) 2 and Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015); the selection of each fine for negligence

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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 order of provisional payment [Article 334(1) of the Criminal Procedure Act of this case contains an opinion of confiscation subparagraph 1 of the seized evidence.