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(영문) 수원지방법원 성남지원 2016.09.20 2016고정819
자동차관리법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant of "2016 High 819" is a person who holds a BST5 car.

1. Any person who violates the Automobile Management Act shall, as prescribed by Presidential Decree, apply for the registration of transfer of ownership of a motor vehicle to a City/Do Governor;

Nevertheless, the Defendant did not apply for the registration of transfer of the ownership of a motor vehicle within 15 days without justifiable grounds even if he/she acquired the said motor vehicle registered under D from C in the Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, Seoul, by transfer of the said motor vehicle in the amount of KRW 3.5 million.

2. He/she shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;

Nevertheless, on April 8, 2016, the Defendant operated the foregoing vehicle not covered by mandatory insurance at approximately 10km section from Taedong-dong to Hanam-si, Taenam-si, Hanam-si, to the instigates intersection, according to the Taenam-si river.

The defendant of "2016 High Court 1011" is a person who holds a BSS5 car.

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

Nevertheless, on May 10, 2016, the Defendant operated the foregoing vehicle that was not covered by mandatory insurance at approximately 10 km from the Dongdaemun-gu Seoul Dongdaemun-gu, Seoul to the 3 Manam-si, Sungnam-si, Manam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the motor vehicle registration ledger and mandatory insurance;

1. Application of Acts and subordinate statutes to reports on detection of offenders;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Point of application for the registration of ownership transfer: Article 81 Subparag. 2 and Article 12(1) of the former Automobile Management Act (Amended by Act No. 13686, Dec. 29, 2015); selection of fines

(b) Operation of non-insurance business: Article 46(2)2 and Article 8 of the Guarantee of Damage Compensation for Motor Vehicles Act, and selection of fines;

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. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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