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(영문) 수원지방법원 성남지원 2017.07.07 2017고정299
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

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;

On February 2, 2016, the Defendant did not file an application for the registration of transfer of ownership of the said motor vehicle under the name of the Defendant within 15 days, without justifiable grounds, even though the Dcoin registered in the name of the company with limited liability and the Scoin, in front of C in Nam-si, Namyang-si.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person who owns a D Copia vehicle.

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

Nevertheless, on March 27, 2016, the Defendant, at around 21:00, operated a motor vehicle not covered by the mandatory insurance by leasing the said motor vehicle to E, a consignor, who is not covered by the mandatory insurance, on the 8 transformation Distance in front of the 456-ro, Manam-si, Sungnam-si.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Original Register of Automobile Registration;

1. Inquiry into each mandatory insurance;

1. Application of Acts and subordinate statutes to a report on investigation (change of a suspected suspect);

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 not applying for the registration of ownership transfer, the selection of fines), Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (the point of operating automobiles which are not mandatory insurance, and the 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. 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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