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(영문) 대구지방법원 포항지원 2016.11.16 2016고단1135
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who drives a ecoo vehicle in the name of C, a large vehicle in the name of C purchased from a person with no name, through the "B", a transaction site of the large vehicle.

1. Violation of the Automobile Management Act;

(a) A person who takes over a registered motor vehicle shall file an application for registration of transfer of ownership with the Mayor/Do Governor, as prescribed by Presidential Decree;

On January 2016, the Defendant did not apply for the registration of transfer of the ownership of a motor vehicle without justifiable grounds even though he/she received the said motor vehicle from a Buddhist person in Daejeon.

(b) An automobile shall be operated by a person entrusted with matters concerning the operation, etc. of automobiles or automobiles from the owner thereof;

At around 06:45 on May 31, 2016, the Defendant operated the said car, which is a large-sized vehicle, from the north-gu, the Defendant’s dwelling at the port from the north-gu, to 07:00 on May 31, 2016, within approximately 10 kilometers from the south-gu Steel-ro 107, and up to the roads prior to the construction at school.

2. The defendant in violation of the Road Traffic Act shall be subject to subparagraph 1 (b).

A car was operated without a driver's license at the time and place stated in the port.

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

Nevertheless, the defendant 1-B.

On the date and at the place specified in the port, the car without mandatory insurance was operated.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of the register of automobiles and the mandatory insurance laws and regulations;

1. Article applicable to facts constituting an offense, Article 81 subparagraph 2 of the Automobile Management Act, Article 12 (1) of the Motor Vehicle Management Act (a point of application for non-registration of transfer of ownership of a motor vehicle), Articles 81 and 7-2 of the Motor Vehicle Management Act, Article 24-2 (1) of the Motor Vehicle Management Act, and the Road Traffic Act;

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