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(영문) 수원지방법원 2016.07.28 2016고정1572
자동차관리법위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who takes over a motor vehicle registered in violation of the Motor Vehicle Management Act shall file an application for registration of transfer of ownership with the Mayor/Do Governor;

Nevertheless, the Defendant did not transfer ownership in the name of the Defendant without justifiable grounds, even though he/she received KRW 1 million from C in cash from C in the vicinity of viewing in which he/she was permanently permanently stationed in around August 2015.

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

Nevertheless, on March 3, 2016, the Defendant operated the said vehicle that was not covered by mandatory insurance from the building parking lot located in the Magdong-si, Magdong-si to the front floor of the Sinsan-si, Busan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying reports and investigation reports (in case of 7 pages of investigation records);

1. Application of Acts and subordinate statutes to vehicle photographs at the control site;

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 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. Article 334(1) of the Criminal Procedure Act provides that the defendant has a record of being punished for the same kind of crime for the reason of sentencing of the sentencing of the provisional payment order, or that the defendant recognized his mistake and did not repeat again, that the defendant lives as a recipient of a basic pension at the age of the aged, and that there is no good health such as suffering from livering, etc., a part of the amount of fine determined by the summary order shall be reduced by taking into account such factors as the fact that the defendant has been punished for the same crime.

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