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(영문) 대구지방법원 2016.01.22 2015고정2873

자동차관리법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is B, the franchiseer XG's passenger car holder.

1. Any person who violates the Automobile Management Act shall, when he/she takes over a motor vehicle, file an application for registration of transfer of ownership;

Nevertheless, the Defendant received the said vehicle in the name C from D in front of the Seocho Village Doldong, located in the Gyeongdong-gu, Gyeongdong-gun, Gyeongdong-gun, Gyeongdong-gun, around July 2013, and did not file an application for the registration of transfer without justifiable grounds until August 21, 2015.

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on which mandatory insurance is not subscribed, on the road;

Nevertheless, on August 21, 2015, the Defendant operated the said vehicle without purchasing mandatory insurance at a distance of about 2 km from around 10:15 to the front side of the Southern-gu U.S. maintenance factory located in the same Eup/Myeon located in the front side of the West-gu Seoul Special Metropolitan City, Seogdong-gun, Seog-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Automobile registration ledger and mandatory insurance inquiry certificate;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Relevant legal provisions concerning facts constituting an offense, Articles 81 subparag. 2 and 12 subparag. 1 of the former Automobile Management Act (Amended by Act No. 13686, Dec. 29, 2015); Article 46 subparag. 2 of the Guarantee of Automobile Compensation Act; the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (which means operating an automobile with no mandatory insurance) and each of the fines;

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;

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