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(영문) 수원지방법원 성남지원 2017.09.15 2017고정1109
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Any person who violates the Automobile Management Act shall apply for the registration of transfer of ownership of a motor vehicle to the Mayor/Do Governor as prescribed by Presidential Decree;

Around May 7, 2015, the Defendant acquired D's franchises registered in the name of D'C from the land owner on the roads near the Yecheon-dong church located in Gangdong-gu Seoul, Gangdong-gu, Seoul, but failed to file an application for the registration of transfer of the ownership of the said motor vehicle under the name of the Defendant within 15 days without justifiable grounds, and operated the said motor vehicle under the name of the Defendant until May 14, 2016.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person possessing D's franchises.

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

Nevertheless, at around 10:00 on May 14, 2016, the Defendant operated a section of about 2 km from the Gangdong-gu Seoul Metropolitan Government Gangdong-gu, Gangdong-gu, to the front of the intersection in the instigates of the Hanam City from the 702 front of the Gangdong-gu, Gangdong-gu, Seoul to the front of the intersection, without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Original Register of Automobile Registration;

1. Inquiry into mandatory insurance;

1. Reporting on the arrest of a case;

1. Application of each statute on photographs;

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 not applying for the registration of ownership transfer, the selection of fines), Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (the point of operating automobiles which are not mandatory insurance, and the selection of 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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