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(영문) 광주지방법원 2020.02.20 2019고정1279
자동차관리법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person of nationality of Kazakhstan who is staying in the Republic of Korea, and a holder of Bchip passenger car.

1. Any person who has acquired a registered motor vehicle by transfer shall reissue the registration of transfer of ownership of a motor vehicle to the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, around May 20, 2019, the Defendant provided KRW 2 million in the non-commercial area of Gangwon-do and purchased the said vehicle and did not make a transfer registration after purchasing the said vehicle.

2. On July 1, 2019, the Defendant violated the Guarantee of Automobile Accident Compensation Act and the Road Traffic Act (unlicensed Driving) operated the said vehicle without obtaining a driver’s license on July 1, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of an automobile registration certificate or certificate of personal seal impression;

1. Application form for the computer processing of a waterway and the receipt of a vehicle;

1. Reporting on detection of and requests for cooperation in investigations into violations of the Automobile Management Act;

1. Application of the Acts and subordinate statutes to investigation reports (related to the developments leading up to the number of vehicles in this case), investigation reports (Attachment to the vehicle register), investigation reports (Attachment to the vehicle photograph), investigation reports (Attachment to the vehicle owner E statement);

1. Relevant provisions of Article 81 subparagraph 2 of the Automobile Management Act, Article 12 (2) of the Motor Vehicle Management Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the selection of fines, respectively, concerning facts constituting an offense;

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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