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(영문) 광주지방법원 2018.06.12 2018고정424
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 has taken over an automobile registered in violation of the Automobile Management Act shall apply for the registration of transfer of ownership to the Mayor/Do Governor within fifteen days from the date of purchase;

Nevertheless, on June 21, 2017, the Defendant purchased the ENA-si car at KRW 4 million from D in front of the Seo-gu Seoul metropolitan area, Seo-gu, Gwangju metropolitan area, but did not apply for the registration of transfer of ownership in the name of the Defendant without justifiable grounds.

2. On July 31, 2017, the Defendant violated the Guarantee of Automobile Compensation for Damages, who owned a motor vehicle in the EN city, operated the said motor vehicle without mandatory insurance on the front road located in the Seo-gu Gwangju metropolitan F around July 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the examination of suspects 1 and 2 times with regard to D (record No. 508, 539, 540 pages of evidence);

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Application of motor vehicle registration ledger, certificate of deposit transaction records, and mandatory insurance-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act (the point of application for registration of transfer of ownership), 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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