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(영문) 의정부지방법원 고양지원 2019.05.24 2018고정802

자동차관리법위반등

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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant in violation of the Automobile Management Act is a person who acquired a C-Ad passenger car from B around February 10, 2017.

Any person who acquires a registered motor vehicle shall file an application for registration of transfer of ownership within 15 days from the date of acquisition by a Mayor/Do Governor who is the registration authority.

Nevertheless, the Defendant did not apply for the registration of ownership transfer of the foregoing vehicle within the registration period without justifiable grounds.

2. On March 2, 2017, the Defendant violated the Road Traffic Act: (a) around 15:00, the Defendant was driving a C-Ad passenger vehicle on the 7km section from March 15, 2017, to the front of the E-Road at the same time; (b) violated the signal while driving the C-Ad passenger vehicle on the 7km section; (c) invaded the central line; or (d) proceeded at a speed of about 70km in the child protection zone at a speed of about a speed of 70km; and (

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of Chyd vehicle.

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

Nevertheless, the Defendant operated the said vehicle without mandatory insurance at the time and place specified in paragraph (2).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A report on investigation (Attachment to a report on safe driving); 1. An investigation report (the confirmation of the date of transfer of a vehicle);

1. Application of Acts and subordinate statutes governing licenses, teas and mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, Article 81 subparagraph 2 of the Automobile Management Act, Article 12 (1) of the Motor Vehicle Management Act, Articles 151-2 and 46-3 of the Road Traffic 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, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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

1. The order of provisional payment;