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(영문) 광주지방법원 2014.04.18 2014고정74

자동차관리법위반등

Text

Defendant shall be punished by a fine of KRW 900,000.

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 owns a BD car.

Any person who takes over a registered motor vehicle shall apply for the registration of transfer of ownership to the relevant government office.

Nevertheless, on July 2013, the Defendant failed to apply for the registration of transfer within the period of application even though the Defendant was operating the said car by taking over the said car, and operated the front road, etc. in front of the establishment of the new gold bullion located in Geum-dong, Seo-gu, Seo-gu, Gwangju on December 13, 2013 without applying for the registration of transfer.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a Dap car.

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

Nevertheless, at around 18:40 on December 13, 2013, the Defendant operated the said car that was not covered by mandatory insurance on the front side of the establishment of the new bond in the Seo-gu, Seo-gu, Seo-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report related to registration of one vehicle involved in the accident);

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

1. Article 81 subparagraph 2 of the Act on the Guarantee of Automobile Accident Compensation and Article 12 (1) of the Motor Vehicle Management Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Each selective fine for punishment;

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

1. The reasons for the sentencing of Articles 70 and 69(2) of the Criminal Act are as follows: (a) there are extenuating circumstances for the Defendant’s reasons for the sentencing of Articles 70 and 69(2) of the Criminal Act; and (b) there are circumstances for the Defendant to look at the children suffering from mental illness while being a recipient of basic living