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(영문) 대구지방법원 상주지원 2018.12.11 2018고단261
자동차관리법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who takes over an automobile registered in violation of the Automobile Management Act shall apply for the registration of transfer of automobile ownership to the Mayor/Do Governor within fifteen days from the date of taking over the automobile, except in special circumstances

Nevertheless, the Defendant, on September 2013, transferred C's free-to-land registered in the name B in front of a bus terminal located in Daejeon around the end of September 2013 to the Mayor/Do Governor within 15 days without justifiable grounds, even though he/she acquired C's free-to-land in the name B in front of a bus terminal located in Daejeon.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is the actual owner of a passenger car at the preceding paragraph, who controls the operating profit of the said passenger car.

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

Nevertheless, on June 17, 2018, the Defendant operated a chip car that is not covered by mandatory insurance in front of the D Building at the time of stay at around 01:43.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each internal investigation report (No. 4, 6, and 7) and each investigation report (No. 5, 10, 11, 14, and 15) shall apply to statutes;

1. Article 81 Subparag. 2 of the relevant Act and Article 12(1) of the former Automobile Management Act (amended by Act No. 11929, Jul. 16, 2013); Article 46(2)2 of the Guarantee of Automobile Compensation Act and the main sentence of Article 8 of the same Act (amended by Act No. 11929, Jul. 16, 2013);

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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