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(영문) 수원지방법원 성남지원 2017.12.07 2017고정491
자동차관리법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who holds C Poter cargo vehicles.

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

Nevertheless, even though the Defendant acquired the above automobile registered in the name of Dong from D on December 2, 2015, he did not apply for the registration of ownership transfer within 15 days without justifiable grounds.

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, at around 17:30 on March 21, 2016, the Defendant operated the foregoing vehicle that was not covered by mandatory insurance at approximately 24 km section from the Sinnam-si to the Sinnam-si citizens from the Sinnam-si to the Sinnam-si in 215-2.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Original Register of Automobile Registration;

1. Application of the Acts and subordinate statutes in Chapter II of the automobile insurance policy;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 81 and Article 12 (1) of the Automobile Management Act (in cases of failure to register ownership transfer), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (in cases of operating automobiles which are not mandatory insurance), 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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