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(영문) 수원지방법원 평택지원 2018.04.20 2017고정81
자동차관리법위반등
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person possessing a nationwide passenger vehicle.

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

Nevertheless, on July 2016, the Defendant purchased the said CM7 vehicle from the land buyer in Pyeongtaek-si with the land buyer at around 2016 and did not transfer ownership from August 8, 2016 until 00:40 on August 8, 2016.

(b) The defendant who has not entered into a mandatory insurance policy for automobile damages;

A. At the date, time, and place of a port, the CM car was purchased and owned and did not subscribe to liability insurance.

As such, no motor vehicle which is not covered by mandatory insurance shall be operated on the road.

Nevertheless, around 00:40 on August 8, 2016, the Defendant operated approximately 20 km from the Dongjak-gu Seoul Metropolitan Government Dongjak-dong up to 93-day automatic pumps front of the 93-day automatic pumps.

2. Determination

A. The burden of proof for the crime prosecuted in a criminal trial is to be borne by the prosecutor, and the conviction of guilt is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined in the interest of the defendant (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). (b) The defendant and the defense counsel asserted that the above vehicle used the above vehicle only once in order to bring the above vehicle into the house of D upon D's request by D, and that the above vehicle was not aware of the fact that it was not covered by mandatory insurance.

(c)

this Court has duly adopted it.

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