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(영문) 광주지방법원 2016.07.14 2016고정901
자동차관리법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

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

On November 2, 2015, the Defendant paid KRW 300,000 to B with the purchase price of a vehicle, and subsequently purchased from Cchip XG vehicles, the Defendant did not file an application for registration of transfer of the ownership of a motor vehicle without justifiable grounds.

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, the Defendant, as a owner of Crando XG vehicle, operated the said vehicle from December 4, 2015 to December 7, 2015, which was not covered by mandatory insurance from 898-44, Gwangju Northern-dong, 2015 to 898-44, Gwangju-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning the suspect B in the protocol of the police interrogation; and

1. Application of Acts and subordinate statutes to tea inquiries and mandatory insurance inquiries;

1. Relevant legal provisions concerning facts constituting an offense, Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act (in cases where registration of ownership transfer has not been made), Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act, 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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