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(영문) 서울서부지방법원 2018.05.16 2017고정1393
자동차관리법위반등
Text

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

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

Reasons

Punishment of the crime

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

Nevertheless, on April 2013, the Defendant purchased 1.2 million won each car from a person who did not know his/her name in the Dong name and branch name of Yeongdeungpo-gu Seoul Metropolitan Government and applied for the registration of transfer of ownership without justifiable grounds, even though he/she operated the car at ancient city from around that time to March 2016.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person who owns a car in C.

No person shall operate any motor vehicle other than those as prescribed by the Presidential Decree, on a road which is not covered by mandatory insurance.

Nevertheless, the Defendant operated C’s car which was not covered by mandatory insurance from April 2013 to March 2016 from Seoul, in a high city and Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Perusal of a motor vehicle registration certificate copy, the motor vehicle registration ledger (A), and the application of mandatory insurance-related Acts and subordinate statutes;

1. The provisions of the Automobile Management Act and the provisions of the Guarantee of Automobile Compensation Act are all continued to be applied to a crime committed in violation of the pertinent law regarding the crime, and the provisions of the Addenda of each Act do not have any separate transitional provisions. Therefore, the Act at the time of termination

Article 81 Subparag. 2 and Article 12(1) of the Automobile Management Act (including the point of application for non-registration of ownership transfer), Article 46(2)2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (including the point of operating an automobile with no mandatory insurance, including the point of operating an automobile with no mandatory insurance), the selection of each fine.

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. The Defendant’s argument regarding the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act is weak from April 2013.

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