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(영문) 수원지방법원 안양지원 2016.08.23 2016고정475
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 80,000.

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

Reasons

Punishment of the crime

1. Any person who has an automobile registered in violation of the Automobile Management Act shall file an application for the registration of transfer of automobile ownership with the Mayor/Do Governor within 15 days from the date of purchase or cause;

Nevertheless, while the Defendant received and operated a CKaren vehicle registered in the name of the so-called large vehicle B from D as a substitute for the claim of KRW 600,000,000 on September 2, 2015, in the middle and long-term roads near the Dong-dong, the Defendant did not file an application for the registration of the transfer of the ownership of a motor vehicle within the said period without justifiable grounds.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is the owner of CKaren Motor Vehicle.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the said automobile not covered by mandatory insurance on the front side of the 119 Ansan Postal Logistics Center as the Gu citizen in Ansan-si around 14:50 on February 26, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (eight pages of evidence records);

1. A protocol of seizure and a list of seizure;

1. Automobile registration certificate;

1. Application of Acts and subordinate statutes to inspection of the motor vehicle registration ledger;

1. Relevant legal provisions concerning facts constituting an offense, Articles 81 subparag. 2 and 12 subparag. 1 of the former Automobile Management Act (Amended by Act No. 13686, Dec. 29, 2015); Article 46 subparag. 2 of the Guarantee of Automobile Compensation Act; the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (which means operating an automobile with no mandatory insurance) and each of the fines;

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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