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(영문) 인천지방법원 부천지원 2018.03.08 2018고정164
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Any person who has acquired a registered motor vehicle shall file an application for the registration of transfer of ownership with the Do Governor as prescribed by Presidential Decree;

Nevertheless, the Defendant did not apply for the registration of transfer of ownership without any justifiable reason even though he/she received B-in low-priced vehicles around 06, 2017.

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, on November 03, 2017, the Defendant operated a vehicle B without mandatory insurance without purchasing a low-priced vehicle on the front side of Busan Metropolitan City around 09:45.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (Report on the nominal owner D and wire currency in the name of the owner of the vehicle);

1. Automobile registration certificate and original register of automobile registration;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to a certificate of transfer of a motor vehicle, certificate of storage and operation of a motor vehicle, and written consent (number and sale);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act (the point of application for non-registration of ownership transfer), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operation of vehicles which are not mandatory insurance), 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. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is established and distributed without being registered by taking over the so-called large vehicle, and there are considerable social harm thereby, and the defendant has been punished for violating the Automobile Management Act two times, and all other circumstances revealed in the course of the record and the trial shall be determined as ordered by taking into account all the circumstances.

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