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(영문) 서울북부지방법원 2017.07.06 2017고정834

자동차관리법위반등

Text

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

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Automobile Management Act is a person who operates a CBa car owned by the business office of Filisung C, Inc., Ltd., and the said vehicle is a vehicle cancelled ex officio on May 16, 2014.

A person who takes over a registered motor vehicle shall apply for the registration of transfer of the owner of the motor vehicle to the Mayor/Do Governor within 15 days from the date of acquisition.

Nevertheless, on April 2014, the Defendant received the above vehicle from the next Dog-dong, Gyeonggi-gu, Gyeonggi-do, and did not apply for the registration of ownership transfer without justifiable grounds, even though he received the above vehicle from the next Dog-dong.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a person who owns a lawsuit or a car owned by the Franchisa Business Office Co., Ltd.

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

Nevertheless, around 15:00 on March 13, 2016, the Defendant operated the said car, which was not covered by mandatory insurance on the front of the Dobong-gu Seoul Metropolitan Government Dobong-gu Dobong-gu 963.

Summary of Evidence

1. Statement by the defendant in court;

1. References on stolen and stolen vehicles;

1. Original Register of Automobile Registration;

1. Details of insurance coverage;

1. Application of Acts and subordinate statutes requesting cooperation in investigation;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 81, Article 12 (1) of the Automobile Management Act (the neglect of the registration of ownership transfer), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Compensation Act, 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;