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(영문) 대구지방법원 2018.10.12 2018고정812
자동차손해배상보장법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of BNEW NA XG car.

1. Any person who takes over a motor vehicle registered in violation of the Motor Vehicle Management Act shall file an application for the registration of transfer of ownership with the Mayor/Do Governor;

Nevertheless, on April 20, 2017, the Defendant worked at the construction site of the board located in Gyeonggi-do, Gyeong-do and on the working day together, at the work site of the board located in the Gyeong-do, Gyeong-do.

D In spite of giving and taking over a 300,000 won car from D, it did not make a transfer registration of the ownership of a motor vehicle without justifiable reasons.

2. A person who violates the Guarantee of Automobile Compensation Act is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance. However, the Defendant operated a franchise without purchasing a motor vehicle insurance policy, on August 4, 2017, on the road adjacent to the Franchising Chapter E located in the Gyeongdong-gun, Chungcheongnam-do around 16:00 and without purchasing a motor vehicle insurance policy.

3. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a motor vehicle without obtaining a driver's license on the same date, time, place, and without obtaining a driver's license as stated in the paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Arrest report on the occurrence of the case, report on the situation of unlicensed driving, report on internal investigation (Attachment to a certificate of driving experience), investigation report (Attachment to a vehicle photograph), and investigation report (related to seized vehicles);

1. Application of the statutes on the certificate of seal imprint and the ledger of motor vehicle registration;

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 non-registration of ownership transfer), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating an automobile with no mandatory insurance), Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of operating an automobile without a license), 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. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.

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