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(영문) 의정부지방법원 2019.05.02 2018고정1621

자동차관리법위반등

Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On July 18, 2018, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Suwon District Court Eunpyeong Housing Site Board, and the judgment became final and conclusive on July 26, 2018.

[1] Any person who takes over a motor vehicle registered in violation of the Automobile Management Act shall file an application for the registration of transfer of ownership of a motor vehicle with the Mayor/Do Governor as prescribed by Presidential Decree.

Around the end of December, 2017, the Defendant did not make the registration of ownership transfer without justifiable grounds, despite having been acquired from the needy person the D's 'C's 700,000 won of D's 'B' on the Internet website.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of a DNA automobile.

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

Nevertheless, on March 7, 2018, the Defendant operated the said vehicle that was not covered by mandatory insurance at approximately 5 km section from the driver's license test site to the front road of the Gu-si, Kuo-dong on March 7, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs and inquiries into the mandatory insurance for vehicles;

1. Reports on internal investigation (verification of the closure of a corporation that owns a suspected driver's vehicle);

1. Previous records of judgment: Criminal records, inquiry reports on criminal records, report on the results of confirmation before disposition, and application of Acts and subordinate statutes to inquire into and output from cases (b);

1. Article 81 Subparag. 2 and Article 12(1) of the former Automobile Management Act (amended by Act No. 14950, Oct. 24, 2017); 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 (amended by Act No. 14950, Oct. 24, 201); the selection of fines for each type of crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is unfavorable.