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(영문) 서울중앙지방법원 2017.06.14 2017고정768
자동차관리법위반등
Text

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

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

Reasons

Punishment of the crime

On November 23, 2016, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court, and the said judgment became final and conclusive on March 31, 2017.

1. Although a person who takes over a motor vehicle registered in violation of the Automobile Management Act applies for the registration of the transfer of the ownership of a motor vehicle to the Mayor/Do Governor in accordance with statutes, the defendant lent five million won to B on August 2014, the Songpa-gu Seoul Olympic Stak Stak Stak Stak Stak-gu, Seoul, to B, and did not apply for the registration of the transfer of the ownership of a motor vehicle to the Mayor/Do Governor within 15 days thereafter.

2. On March 18, 2016, the Defendant violated the Guarantee of Automobile Compensation Insurance Act: (a) operated a DNA car owned as described in paragraph (1) without purchasing a mandatory automobile insurance policy in the vicinity of the Sovina High School, which is the Sovina City (Seoul High School) around 15:00.

Summary of Evidence

1. Statement by the defendant in court;

1. A motor vehicle registration certificate, a motor vehicle registration ledger, and a mandatory insurance certificate;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, current status of personal confinement, report on the result of confirmation of the previous convictions in each disposition, indictment, and application of statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 81 subparagraph 2 of the Automobile Management Act, Article 12 (1) of the Automobile Management Act (in cases of an application for non-registration of transfer), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and selection of fines, respectively;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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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