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(영문) 수원지방법원 평택지원 2017.01.05 2016고정576
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person holding BM520 passenger cars.

(a) Any person who violates the Automobile Management Act shall, when he/she intends to operate a motor vehicle, be entrusted with matters concerning the operation, etc. by his/her owner, and shall not operate the motor vehicle ordered to stop the operation at the request of its owner, etc.

Nevertheless, on October 2015, the Defendant, while holding the said SM520 car, which is a passenger car with a single name, by a person who is not a legitimate owner, according to the contractual obligation relationship, was not entrusted with matters concerning the operation, etc. by the owner, which was ordered to stop the operation on July 3, 2013, operated the said vehicle from the Pyeongtaek-si Day until April 15:00 of 2016.

B. The owner of a motor vehicle violating the Guarantee of Automobile Compensation Act was prohibited from operating a motor vehicle that was not covered by mandatory insurance, but the Defendant owned the motor vehicle as indicated in the foregoing paragraph (a) and operated the foregoing motor vehicle that was not covered by mandatory insurance on April 19, 2016, around 15:00, on the street of Pyeongtaek-si C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Original Register of Automobile Registration;

1. Voluntary accompanying report;

1. A written consent to transfer or offer of bonds as security, and a certificate or waiver of the operation of a vehicle, and the application of statutes governing transfer or takeover;

1. Article 82-2 and Article 24-2 (2) of the Motor Vehicle Management Act concerning the facts constituting an offense; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

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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