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(영문) 광주지방법원 2017.07.07 2017고정764

자동차관리법위반등

Text

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

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

The defendant is the actual owner of the BMW car.

1. A person who has taken over a vehicle in violation of the Automobile Management Act shall file an application for registration of transfer with a registration office within fifteen days;

Nevertheless, on December 2016, the Defendant did not file an application for the registration of transfer with the registry office, even though he/she received the above vehicle from a person who has no name from the person who was unable to use the vehicle in his/her name.

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, around March 12, 2017, the Defendant operated the said vehicle not covered by mandatory insurance on the front roads located in Gwangju Mine-gu C, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the details of comprehensive vehicle taxes and unregistered vehicles for the transfer of ownership of a motor vehicle;

1. Detection and reporting on violation of the Automobile Management Act, and investigation report;

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 Automobile Management Act (the point of application for non-registration of ownership transfer), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operation of automobiles which are not mandatory insurance), 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;