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(영문) 부산지방법원 동부지원 2018.12.19 2018고정759
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is the owner of a two-wheeled automobile.

(a) Where an owner of a motor vehicle in violation of the Motor Vehicle Management Act intends to conduct tubes on the items prescribed by Ordinance of the Ministry of Construction and Transportation of the national land, he/she shall obtain approval from the head of a Si/Gun/Gu, and shall not operate a motor vehicle knowing that it is a motor vehicle

Nevertheless, on March 23, 2016, the Defendant was aware of the fact that the change was made by replacing the above two-wheeled automobile with a machine with no noise amount from the sales store located in the Busan Dong-dong, Busan, without obtaining the approval of the head of the Gu, and operated the Busan metropolitan traffic Daegu Up to July 23, 2018.

(b) No motor vehicle shall be operated on a road unless it is subscribed to mandatory insurance in violation of the Compensation for Motor Vehicle Loss Guarantee Act;

Nevertheless, the defendant did not renew the liability insurance whose contract term has already expired as of March 24, 2018, and operated the Busan metropolitan Daegu metropolitan government from that time until July 23, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of drivers, such as violation of the Automobile Management Act;

1. On-site photographs;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, Article 81 subparagraph 20 of the Automobile Management Act (the point of operating an automobile with the alteration of its structure), Article 46 (2) 2, the main sentence of Article 8, and the selection of fines, respectively, under Article 81 (2) 2 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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