beta
(영문) 전주지방법원 2017.07.14 2017고정345

자동차관리법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. Any person who has acquired an automobile registered in violation of the Automobile Management Act shall file an application for the registration of transfer of ownership with the Mayor/Do Governor within fifteen days from the date of acquisition;

Nevertheless, on September 11, 2016, the Defendant paid KRW 3.8 million from his name in the Jeonjin-gu Seoul Special Metropolitan City Co., Ltd., the Defendant, at around 20:00 on September 11, 201, to KRW 3.8 million from his name in the Jeonjin-gu Special Metropolitan City Co., Ltd., and did not file an application for the registration of transfer of automobile ownership within 15 days without justifiable grounds.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of BK5 automobiles.

On December 26, 2016, the Defendant did not subscribe to mandatory insurance, and had C operate the said vehicle from the front day of “Ammbi music room” in “Ambi-gu, Young-gu, Seoul” to the same unit from the front day of “Ambi-gu, Young-gu, Seoul” to the road at the entrance of “Ambi-gu, Young-gu, Seoul.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. The next inquiry (B);

1. Inquiry into mandatory insurance (B) Application of Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act (the point of application for non-registration of ownership transfer), 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As for the favorable reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the Defendant recognized the instant crime and the Defendant is the primary offender.

In light of the legislative intent of mandatory ownership transfer registration and mandatory insurance in order to secure the safety of the operation of motor vehicles, the crime of operating motor vehicles that did not purchase mandatory insurance without registration of ownership transfer is light.

There is no point to see.