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(영문) 전주지방법원 남원지원 2014.01.14 2013고정58
자동차손해배상보장법위반등
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. No owner of any motor vehicle violating the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road that is not covered by mandatory insurance;

Nevertheless, at around 16:34 January 2, 2010, the Defendant operated the said car not covered by mandatory insurance over 33 times in total at the time and place indicated in the attached list of crimes from the date and place to January 28, 2011.

2. A person who has taken over an automobile registered in violation of the Automobile Management Act shall apply for registration of transfer of ownership to the competent authority, and where the transferee of the automobile intends to transfer again to a third party, he shall make registration of transfer in his name before transferring it;

Nevertheless, around January 2010, the Defendant purchased a B Kakn car which is a motor vehicle registered from the person in a fire-free place, and owned it for about one year, but did not file an application for ownership transfer registration with the competent authority without justifiable grounds. On February 2, 2011, the Defendant transferred the said car to the person in a fire-free situation without the Defendant’s name.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of C or D;

1. Inquiry into non-insurance operations vehicles, and inquiry into the history of mandatory insurance contracts;

1. Application of the register of automobiles statutes

1. Article 46(2) and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012); Article 80 Subparag. 2 and Article 12(3) of the Automobile Management Act (amended by Act No. 11369, Feb. 2, 2012); Articles 81 Subparag. 2 and 12(1) of the Automobile Management Act (amended by Act No. 11369, Feb. 2, 2012);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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