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(영문) 서울북부지방법원 2019.03.29 2019고정97
자동차관리법위반등
Text

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

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

Reasons

Punishment of the crime

On May 2, 2018, the Defendant was sentenced to imprisonment for one year and six months for a violation of the Act on the Control of Narcotics, Etc. at Seoul Southern District Court on May 2, 2018, and the said judgment became final and conclusive on January 18, 2019.

1. A person who has purchased or sold an automobile registered in violation of the Automobile Management Act shall make a registration of transfer within fifteen days from the date of purchase;

Nevertheless, the Defendant did not make a registration of transfer by July 13, 2018 without justifiable grounds, even though he/she purchased B Ecoos car in cash from a land owner on January 2018.

2. On July 13, 2018, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a motor vehicle that was not covered by mandatory insurance as a holder of a cussa motor vehicle B as set forth in paragraph (1); (b) on July 13, 2018, the Defendant operated the foregoing motor vehicle that was not covered by mandatory insurance from the street before and after the French-gu Seoul Dongdaemun-gu U.S. M. on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. Making inquiries into the motor vehicle, mandatory insurance, the motor vehicle register, and investigation report (owner in the name of the motor vehicle);

1. On-site photographs;

1. Previous convictions: Criminal history records, reply reports (A), Supreme Court Decisions 2018Do19506, Seoul Southern District Court Decisions 2018No782, Seoul Southern District Court Decision 2018No782, Seoul Southern District Court Decision 2018 Godan113

1. Relevant laws concerning facts constituting an offense, subparagraph 2 of Article 81 and Article 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70 (1) 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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