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(영문) 수원지방법원 안산지원 2019.10.02 2019고단2486

자동차관리법위반등

Text

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

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

Reasons

Punishment of the crime

On October 23, 2015, the Defendant concluded a lease contract for E-Wurd Vehicles at C Company D's Agency located in the Busan Sindong-gu, Busan.

On the 25th day of each month, the above contract was a contract under the condition that the contract is terminated when the lease fee is paid in 429,300 won for 48 months, and the lease fee is overdue at least twice.

However, by August 2018, the Defendant paid the lease fee of 33 times and did not pay the lease fee thereafter, and the F Company which entered into the contract was terminated by the order of suspension of operation on November 20, 2018.

1. No person who violates the Automobile Management Act shall operate any registered vehicle subject to an order to suspend operation;

Nevertheless, around 12:00 on April 16, 2019, the Defendant started from the middle school located in Ansan-si G and operated an E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-E-W, which was ordered to suspend operation by the head of the Si/Gun/Gu, prior to

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, the Defendant operated the said vehicle on the road at the time and place of criminal facts stated.

Summary of Evidence

1. Defendant's legal statement;

1. The register of motor vehicles (registration of an order to suspend operation: 2018-11-20);

1. Application of Acts and subordinate statutes to investigative reports (the telephone conversations for employees of the F Company), investigation reports (the grounds for an order to suspend operation and the notification of embezzlement cases), investigation reports (the investigation reports on confirmation as to whether the mandatory insurance of this vehicle is not covered) and investigation reports (the confirmation as to whether an order to suspend operation of a suspect is recognized);

1. Relevant legal provisions concerning facts constituting an offense, Articles 82 subparagraph 2-2 and 24-2 (2) of the Automobile Management Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;