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(영문) 광주지방법원 2018.04.25 2017고정1927
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. Violation of the Automobile Management Act;

(a) A person who takes over a registered motor vehicle shall file an application for the registration of transfer of ownership with the Mayor/Do Governor within 15 days in the case of sale;

On April 28, 2017, the Defendant: (a) acquired from a man in unsound name via the “B” Internet site at KRW 9 million; and (b) operated from August 1, 2017 to around August 1, 2017, the Defendant did not file an application for the registration of transfer of the ownership of a motor vehicle in the name of the Defendant without justifiable grounds.

(b) Where matters concerning the operation, etc. of motor vehicles are not entrusted by a motor vehicle owner or a person holding a motor vehicle, the motor vehicle shall not be operated;

In spite of the fact that the Defendant is not the owner of a motor vehicle and that the owner of a motor vehicle was entrusted with matters concerning the operation of the motor vehicle from the owner D, the Defendant operated the CAu Q7 vehicle in the section of approximately 300 kilometers from the vicinity of the Defendant’s residence in Yong-gun, Nam-gun on August 1, 2017 to the front day of the 7 home flusian comprehensive sports center in Busan-gu.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, around 18:00 on August 1, 2017, the Defendant operated C Abu Q7 vehicles not covered by mandatory insurance in approximately 300 kilometers from the vicinity of the Defendant’s residence in Young-gun E, Young-gu, Busan, to the front day of the 7 home flusium in Busan, a comprehensive sports center.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a investigation report (a copy of vehicle-related document possessed by a suspect A, inquiry of mandatory insurance for vehicles, and the register of vehicle registration);

1. Article 81 subparagraph 2 of the Automobile Management Act and Article 12 (1) of the said Act concerning facts constituting an offense, and Article 81 subparagraph 2 of the said Act and Articles 81 subparagraph 7-2 and 24-2 of the Automobile Management Act;

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