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(영문) 부산지방법원 2014.04.22 2014고정461
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Violation of the Automobile Management Act;

(a) Any person who has taken over a registered automobile shall file an application for registration of transfer of ownership with the Mayor/Do governor within fifteen days after it has taken over;

Nevertheless, the Defendant did not apply for the registration of transfer of ownership until early June 2013, even though the Defendant acquired a car BM520 from a former owner in the street that he/she may know about whether it was once located in the Seosan-dong, Busan Metropolitan City.

(b) Where a transferee of an automobile intends to transfer it to a third party, he shall make a registration of transfer of ownership in his name before transferring it;

Nevertheless, the defendant is above the place where he is not aware of the place of Busan around June 2013.

Although a passenger car as described in the port was transferred to a person who is not aware of the name, the ownership transfer registration was not made in his name before transferring.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a passenger car specified in BST520 as stated in paragraph (1) above.

No person shall operate any motor vehicle other than those as prescribed by the Presidential Decree, on a road which is not covered by mandatory insurance.

Nevertheless, around 13:44 on May 21, 201, the Defendant operated the said car on the road, which was not covered by mandatory insurance, along with the list of crimes in the attached Table, from around 10 to June 22:43, 2011.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the Commissioner of the Gyeonggi Provincial Police Agency;

1. Relevant legal provisions for facts constituting an offense, and Articles 81 subparag. 2 and 12(1) of the Automobile Management Act that choose a sentence, Article 80 subparag. 2 and Article 12(3) of the Automobile Management Act (as to the transfer of a third party to a motor vehicle that has not been registered before its ownership), each of the former Guarantee of Automobile Accident Compensation Act.

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