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(영문) 수원지방법원 안산지원 2016.05.10 2016고정194
자동차관리법위반등
Text

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

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

Reasons

Punishment of the crime

1. Any person who violates the Automobile Management Act shall, when he/she takes over a registered motor vehicle, apply for the registration of transfer of ownership to the Mayor/Do Governor;

Nevertheless, the Defendant did not file an application for the registration of transfer of ownership of a motor vehicle within 15 days without justifiable grounds, even though he/she transferred 7,800,000 won from his/her name-free passenger car to B from his/her name-free places in Ansan-si, Ansan-si (hereinafter referred to as the “Seoul-si”).

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

Nevertheless, the Defendant, while not purchasing a mandatory insurance policy, operated a day-to-day car from April 2010 to August 18, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act (the point of application for non-registration of ownership transfer), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operation of automobiles which are not mandatory insurance), and 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 sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances, and the conditions of all the sentencing recorded in the records, such as the Defendant’s age, occupation, sex and environment, and the circumstances before and after the instant crime, and the sentence identical to the order shall be determined.

It is necessary to strictly prohibit the operation of a motor vehicle because it is likely to be abused in the crime of operating the motor vehicle without filing an application for registration of transfer of the ownership of the motor vehicle and it is difficult to determine the driver at the time of the accident

In addition, liability insurance has not been subscribed.

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