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(영문) 대구지방법원 김천지원 2017.01.12 2016고단742
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who takes over an automobile registered in violation of the Automobile Management Act, shall apply for the registration of transfer of ownership to the competent authorities;

However, the Defendant did not file an application for the registration of transfer of ownership of the said automobile without justifiable grounds, even though he/she received the registration of transfer of the said automobile from the Category B Motor Vehicle Company in the Sungju city on May 2012.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is the owner of Lone Star motor vehicle as set forth in paragraph (1), and the owner of a motor vehicle shall not operate a motor vehicle on the road which is not covered by mandatory insurance;

However, on May 13, 2016, the Defendant operated the instant Lone Star Co., Ltd. not covered by mandatory insurance at approximately 2 km section from the front of the office of the Guminch Scattering, Seoul Metropolitan City, to the front of the office of the same Sinsi, 75 Sinsi-ro, the same Sinsi-ro 75.

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 report internal investigation (as to attaching photographs);

1. Relevant legal provisions concerning facts constituting an offense, Articles 81 subparag. 2 and 12 subparag. 1 of the former Automobile Management Act (Amended by Act No. 13686, Dec. 29, 2015); Article 46 subparag. 2 of the Guarantee of Automobile Compensation Act; the main sentence of Article 8 of the Guarantee of Automobile Compensation Act; and each choice of imprisonment with labor, respectively.

1. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes concerning a violation of the Guarantee of Compensation for Motor Vehicles of which the quality of the crime is heavier);

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act on the community service order;

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