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(영문) 수원지방법원 2017.07.12 2016고정3030

자동차관리법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

[2016 High Court Decision 3030]

1. Any person who violates the Automobile Management Act shall apply for the registration of transfer of ownership of a motor vehicle within 15 days from the date of purchase to the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, on July 18, 2016, the Defendant purchased CK5 vehicles at KRW 4 million from a person who was unable to know his/her name in front of the viewing of the Namyang Eup in the Namyang-si at the time of harmony through the Internet website, but did not file an application for registration of the transfer of the ownership of a motor vehicle without justifiable grounds.

2. On August 27, 2016, the Defendant violated the Guarantee of Automobile Compensation Act: (a) was a person holding CK5 automobiles; (b) operated the said automobiles, which were not covered by mandatory insurance on the street in front of the Suwon-si, Suwon-si, Suwon-si, and (c) August 30, 2016, respectively.

[2017 High Court Decision 41] The Defendant owned CK5 car and operated the said car without mandatory insurance on July 20, 2016, F in 2016. < Amended by Presidential Decree No. 20190, Jul. 13:15, 2016>

[2017 High 1222] The Defendant was a person holding CK5 car, and operated the said car that was not covered by mandatory insurance on the street in front of the long-distance south-dong Seoul Metropolitan City, Cheongju-si on November 20, 2016. < Amended by Presidential Decree No. 2777, Nov. 20, 2016>

Summary of Evidence

[2016 High Court Decision 3030]

1. Statement by the defendant in court;

1. Inquiry into the motor vehicle registration ledger and the medical insurance contract;

1. On-site photographs (2017 Go fixed 41);

1. Statement by the defendant in court;

1. Mandatory insurance inquiries (2017 high 1222 fixed);

1. Statement by the defendant in court;

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

1. Relevant legal provisions concerning facts constituting an offense, Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act (the point of application for registration of transfer of ownership), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operation of automobiles which are not mandatory insurance), and selection of fines, respectively;

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. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.