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(영문) 전주지방법원 남원지원 2015.11.13 2015고정86

자동차관리법위반등

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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. Any person who violates the Automobile Management Act shall, when he/she takes over a registered motor vehicle, apply for the registration of transfer of ownership to the competent authority as prescribed by Presidential Decree;

Nevertheless, even though the Defendant acquired a passenger car from a person who was unaware of his/her name at the shop below the city of Changwon on January 5, 2015, the Defendant did not apply for the registration of transfer of ownership to the present time without justifiable grounds.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by the mandatory insurance of automobiles;

Nevertheless, around January 23, 2015, the Defendant driven the said car without mandatory insurance through the same method over 15 times in total, as indicated in the list of crimes, in a pre-along-term care hospital located in Jeonyang-gun, Jeonyang-gun, Jeonyang-gun, a pre-nam University Hospital, and returned to the pre-Korean University Hospital as a pre-Korean long-term care hospital, and driving the said car at approximately 160km section.

Summary of Evidence

1. Defendant's legal statement;

1. Automobile register;

1. Compulsory insurance contract;

1. Application of Acts and subordinate statutes to report internal investigation (related to telephone numbers and CCTV), investigation report (verification of distance and alteration of facts constituting a violation of the Guarantee of Automobile Accident Compensation Act);

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 of ownership transfer, 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 motor vehicles

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment and punishment prescribed for the violation of the Guarantee of Automobile Accident Compensation Act as of January 23, 2015, the largest penalty and punishment);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the defendant.