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(영문) 인천지방법원 2014.11.28 2014고정3861
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. Any person who takes over an automobile registered in violation of the Automobile Management Act shall file an application for registration of transfer of ownership with the competent authority as prescribed by Acts and subordinate statutes;

Nevertheless, the Defendant did not file an application for the registration of transfer of ownership of the said vehicle with the competent authority, even though he/she received D Ecoos car volume from Dong C in Seo-gu Incheon, Seo-gu, Incheon, Incheon, in July 2014.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of DNA Ecoos car taken over as stated in paragraph (1) above.

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

Nevertheless, around 07:20 on August 29, 2014, the Defendant operated the said vehicle which was not covered by mandatory insurance at a section of approximately 12 km from around 12 km to the south-dong-gu Incheon Metropolitan City roads from the front of the Seo-gu Incheon, Seo-gu, Incheon to the 880-dong, Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing acceptance certificates, on-site photographs, comprehensive details of vehicles, mandatory insurance policy, associations of motor vehicles, and mandatory insurance contracts;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines, respectively;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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