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(영문) 대구지방법원 2017.07.07 2017고정692
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Criminal Records] On January 19, 2017, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Narcotics Control Act at the Daegu District Court, and the judgment became final and conclusive on April 1, 2017.

[Criminal facts]

1. Any person who violates the Automobile Management Act shall apply for the registration of transfer of ownership of a registered automobile to the Mayor/Do governor under the conditions as prescribed by the Presidential Decree;

Nevertheless, on March 2016, the Defendant did not file an application for the registration of transfer of ownership of the said vehicle without justifiable grounds, even though C was transferred for the payment of 1 million won of the borrowed debt from the Sung-si, Daegu-gu, Gyeong-gu, Gyeong-gu, 2016, for the transfer of the first passenger car to the payment of 1 million won of the borrowed loan.

2. The Defendant in violation of the Guarantee of Automobile Compensation for Damages is C C, a person holding the last passenger car.

No one may operate a motor vehicle on a road which is not covered by mandatory insurance, except as prescribed by Presidential Decree, but the defendant operated the foregoing motor vehicle not covered by mandatory insurance from the tri-distance of the Daegu-gu, Daegu-gu, on June 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. An automobile registration statement, a mandatory insurance inquiry statement, and the automobile registration ledger;

1. Notice of each violation;

1. Previous records: Application of Acts and subordinate statutes to the copies of each written judgment, the search screen of prosecution cases;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act (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 (the point of operation of automobiles which are not mandatory insurance), and selection of fines, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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