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(영문) 수원지방법원 성남지원 2018.02.08 2017고정1306

자동차관리법위반등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Although a person who takes over a motor vehicle registered in violation of the Automobile Management Act applies for the registration of transfer of the ownership of a motor vehicle to the Mayor/Do Governor as prescribed by Presidential Decree, the Defendant did not file an application for the registration of transfer within 15 days, even though he/she paid approximately two million won to a person who was dissatisfy in his/her name, from Apr. 2, 2012 to May 2012, 201, to a person who acquired B options car.

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

A. On June 2, 2012, the Defendant operated the observer car that was not covered by mandatory insurance on the roads near the Round-dong Round-dong, Gwangju, North-gu, Gwangju.

B. On September 22, 2012, around 16:59, the Defendant operated the said options car without mandatory insurance on the road near the 413.5 km of the expressway.

(c)

On September 27, 2012, the Defendant, around 17:08, operated the observer car without mandatory insurance on the road near the 413.5 km of the expressway.

(d)

On June 16, 2013, at around 09:49, the Defendant operated the observer car, which was not covered by mandatory insurance on the Aero IC road near 1-1680, Seocho-gu, Seoul.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation report (a copy of summary order accompanied), investigation report (a hearing of suspect's statement by telephone);

1. A traffic accident confirmation center;

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes to insurance coverage;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 81 and Article 12 (1) of the Automobile Management Act (in cases of failure to register ownership transfer), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (in cases of operating automobiles which are not mandatory insurance), and selection of fines;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.