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(영문) 인천지방법원 부천지원 2017.07.14 2017고정476
자동차관리법위반등
Text

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

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

Reasons

Punishment of the crime

Defendant

A is a person who drives a first car in the C C C C.

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, on February to March of 2015, the Defendant acquired the last car from 3,80,000,000 won by transfer from Do, and operated without justifiable reasons within 15 days without registering the transfer of name.

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

Nevertheless, at around 17:40 on March 7, 2017, the Defendant operated a portion of about 5 km from Gangseo-gu Seoul Metropolitan Government Fire-Fighting Dong to Seocheon-si, Seocheon-si, Seoul Special Metropolitan City Fire-Fighting Road, which was not covered by mandatory insurance, from March 7, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Inspection of the motor vehicle registration ledger (A);

1. Inquiries about non-performance of mandatory insurance, and applying Acts and subordinate statutes to information about non-performance of mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act (in violation of the Automobile Management Act), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (in violation of the Guarantee of Automobile Compensation), 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. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserted that: (a) purchased the instant vehicle from D around February 2015 to March 2015; and (b) demanded D to allow D to transfer ownership registration several times; (c) however, D could not complete the registration of transfer of ownership because it did not cause D to do so; and (d) accordingly, the Defendant cannot complete the registration of transfer of ownership.

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