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(영문) 울산지방법원 2013.06.24 2013고정541

자동차손해배상보장법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. A person who takes over an automobile registered in violation of the Automobile Management Act shall file an application with the competent administrative agency for registration of ownership transfer;

Nevertheless, even though the Defendant acquired the E-motor vehicle registered in the name of D from C on July 2009, the Defendant did not apply for the registration of ownership transfer by September 1, 2012 without justifiable grounds.

2. On September 1, 2012, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) had F operate a motor vehicle stipulated in paragraph (1) for the Defendant by having him operate the said motor vehicle for the purpose of the Defendant’s missionary activity.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. Inquiry into the enemy;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes to investigation reports (C hearing statements, etc.);

1. Article 81 subparagraph 2 of the former Automobile Management Act (amended by Act No. 11588, Dec. 18, 2012); Article 81 subparagraph 2 of the same Act (amended by Act No. 11588, Dec. 18, 2012); Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act; the main sentence of Article 8 of the same Act concerning criminal facts; and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.