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(영문) 인천지방법원 부천지원 2016.11.30 2016고정1286

자동차관리법위반등

Text

The defendant shall be punished by a fine of KRW 300,00 and a fine of KRW 700,00,00,000.

Reasons

Punishment of the crime

[criminal power] On July 1, 2016, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Incheon District Court. The above judgment became final and conclusive on July 9, 2016.

【Criminal Facts】

1. Any person who takes over an automobile registered in violation of the Automobile Management Act shall file an application for registration of transfer of ownership with the Mayor/Do Governor as prescribed by Presidential Decree;

On April 2014, the Defendant did not apply for the registration of transfer of the foregoing vehicle even though he/she received C vehicle from B at the adjoining land.

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

On July 28, 2016, the Defendant operated E vehicle without mandatory insurance in Bupyeong-si D on July 28, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in F and B;

1. Statement of a report on detection of an offender;

1. Entry of the original automobile register; and

1. Previous records of judgment: Criminal records, inquiry records, and the application of statutes;

1. Article 81 Subparag. 2 and Article 12(1) of the Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015); Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; selection of fines, respectively, for criminal facts;

1. A crime of violating Article 81 subparag. 2 and subparag. 12(1) of the Automobile Management Act due to failure to file an application for the registration of ownership transfer due to concurrent crimes is the so-called immediate crime in which a transferee of a registered motor vehicle fails to file an application for the registration of ownership transfer within 15 days from the date of purchase of the motor vehicle without any justifiable reason, and simultaneously

(Supreme Court Decision 2012Do15057 Decided July 25, 2013). The latter part of Article 37 and Article 39(1) of the Criminal Act

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;