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(영문) 인천지방법원 부천지원 2016.09.22 2016고정973
자동차관리법위반등
Text

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

If the defendant fails to pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is an employee of the vehicle trading company B, who manages and operates a C low-priced vehicle, which is a product vehicle registered in the name of the said trading company.

1. A dealer in violation of the Automobile Management Act shall have his/her front registration number plate of a motor vehicle for commodities kept by the relevant motor vehicle trade association or the head of the relevant Si/Gun/Gu, and no person shall unlawfully use his/her registration number plate by operating the motor vehicle registered for commodities with a license plate attached thereto;

On March 22, 2016, the Defendant was aware of the fact that in the E-motor vehicle trading complex located in Nam-gu Incheon Metropolitan City, F, the representative of the said trading company, purchased from G, the said high-speed vehicle was a commercial vehicle registered in the name of the said trading company.

Nevertheless, on May 17, 2016, from around 21:30 to 21:50, the Defendant illegally used the registration number plate by operating the vehicle with the attachment of C registration number plate on the above high-speed P from H to 174-1, Seocheon-si, Seocheon-si, Seocheon-si to 174-1, Seocheon-si.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the above C low-priced car that was not covered by mandatory insurance at the same time and at the same place as the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on detection of an offender, a certificate of automobile transfer, and the motor vehicle registration ledger;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act (the illegal use of an automobile registration number plate), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which has not mandatory insurance), and the selection of fines, respectively;

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. The order of provisional payment;

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