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(영문) 인천지방법원 부천지원 2016.09.29 2016고정931
자동차관리법위반등
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 27, 2016, at around 08:30, the Defendant operated a coo car on the front of the luxa Hospital located in 327 Tol-si, Seocheon-si, Seocheon-si, Seocheon-si, the Defendant, who was not covered by mandatory insurance, on the front of the luxa Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Original Register of Automobile Registration (List 7), details of mandatory insurance coverage (List 8);

1. Investigation report (List 10);

1. Application of photograph (List 4) Acts and subordinate statutes;

1. Relevant Acts and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Damages Caused by Alternative Motor Vehicles, which are applicable to facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty of mandatory insurance immediately after the control is placed on the grounds of the confession, reflectivity, and criminal records of the same kind or of suspended execution of the punishment of Article 334 (1) of the Criminal Procedure Act.

1. On October 25, 2015, the Defendant did not file an application for the ownership transfer registration of the said passenger car within 15 days from the date of acquisition of the said passenger car, despite the fact that he/she received the said passenger car from a person who was under his/her name and was not influent in his/her name in the liquor trading complex located in the Nam-gu Incheon Metropolitan City, Nam-gu.

2. According to the evidence duly adopted and examined by this Court, it is recognized that the Defendant completed the registration of ownership transfer of the said passenger car in the name of C with permission from the land owner C immediately after the acquisition of the said passenger car.

Unlike Article 81(2) and Article 12(1) of the Automobile Management Act, which are a penal provision for neglect of registration of the transfer of a motor vehicle, Article 12(1) of the said Act does not require the registration of the transfer to "self-name" in addition to Article 81(3) of the said Act.

In addition, the provision of Paragraph 3 of the above article that if the transferee of a motor vehicle intends to transfer it to a third party, it is possible to have the case where the vehicle has been acquired, but the transfer has not been made in his own name.

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