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(영문) 서울동부지방법원 2016.11.08 2016고정1506

자동차관리법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a holder of the D1 ton cargo vehicle registered in the name of the Bank Co., Ltd. (ex officio closure of business on June 30, 2013).

No owner of an automobile shall operate any automobile on the road which is not covered by the mandatory insurance.

Nevertheless, around 16:50 on June 2, 2016, the Defendant operated the foregoing cargo vehicle without mandatory insurance on the front side of the Seoul Forest Fluence, which is located in Seongdong-gu Seoul Metropolitan Government Seongdong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement on the vehicle operation of the accused;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, and the main sentence of 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;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. A person who takes over a registered motor vehicle shall file an application for registration of transfer of ownership with the Mayor/Do Governor;

On June 2015, the Defendant acquired the cargo vehicle registered in the name of the pertinent legal entity from the Dong F, the representative director of the (P)C in the vicinity of the Gyeonggi-si, Gyeonggi-si.

Nevertheless, the defendant did not apply for the registration of transfer of ownership of the above cargo vehicle without justifiable grounds.

2. Article 12(1) of the Automobile Management Act, which is a applicable provision to the facts charged in this case, provides that "any person who acquires a registered automobile shall file an application for the registration of transfer of ownership of the automobile with the Mayor/Do governor as prescribed by Presidential Decree", and Article 81(2) of the Automobile Management Act provides that anyone who fails to file an application for the registration of transfer of ownership of the automobile without justifiable grounds

As above, Article 12(1) of the Automobile Management Act registers the transfer of ownership of a motor vehicle.