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(영문) 부산지방법원 2016.10.12 2016고단4991

자동차관리법위반등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 12, 2015, the Defendant sentenced the Changwon District Court to eight months of imprisonment for violating the Automobile Management Act, and completed the execution of the sentence in the Busan Prison on March 13, 2016.

1. Where a person who has acquired an automobile violating the Automobile Management Act intends to transfer it to a third party, he/she shall make a registration of transfer in his/her name;

Nevertheless, on June 2016, as seen earlier, the first police officer, who was registered under the name of C, the illegal owner of the vehicle (one-day “one-time-time-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type

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, at around 09:40 on August 16, 2016, the Defendant again operated an automobile without mandatory insurance at approximately 5 km distance from around 09:40 to around 10,000 to around 1,00,000 to around 1,00,000 from around 0,000 to the Busan Provincial Police Agency located in the Busan Seo-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Second police interrogation protocol regarding F;

1. Statement to J police officers;

1. An investigation report (limited to attached data, such as a motor vehicle registration certificate);

1. Protocol of seizure (No. 17 of the evidence list);

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (verification of the end date of punishment against A);

1. Article 80 subparagraph 2 of the Automobile Management Act, Article 12 (3) of the Act on the Guarantee of Automobile Accident Compensation, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Cumulative offense.