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(영문) 수원지방법원 성남지원 2016.09.28 2016고정1040

자동차관리법위반등

Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

1. No person, other than an owner of an automobile or a person entrusted with matters concerning the operation of an automobile from the owner of an automobile in violation of the Automobile Management Act;

On January 2015, the Defendant was not entrusted with matters concerning the operation, etc. of the said vehicle by the owner of the said vehicle or by the owner of the said vehicle, since the Defendant received the said vehicle from the owner of the said vehicle or by the owner of the said vehicle, as it was entrusted with the custody of the D self-owned vehicle, other than the public prosecution by the owner of the vehicle.

Nevertheless, the Defendant, from the above date to April 16, 2016, operated the said motor vehicle, which is a “large-sized vehicle” in the well-known place from the front day to the front day of the Sinnam City from April 16, 2016.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person possessing the above vehicle.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the said vehicle on April 16, 2016, which was not covered by mandatory insurance on the 112-way road 195-gil, 195, a day of the reduction of the Sinnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation (Attachment to the motor vehicle registration ledger and mandatory insurance inquiry note);

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

1. Articles 81 subparagraph 7-2 and 24-2 (1) (the operation of a motor vehicle without being entrusted with the matters concerning the operation of a motor vehicle) of the relevant Act concerning criminal facts, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and selection of fines for each crime;

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;