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(영문) 대전지방법원 2020.05.07 2020고정73
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Any person who has taken over an automobile registered in violation of the Automobile Management Act shall file an application for registration of transfer of ownership with the competent authority within 15 days, as prescribed by Presidential Decree;

Nevertheless, the Defendant did not file an application for ownership transfer registration within 15 days, even though he/she acquired C-W-W-type car, which is owned by B in the French land around July 2018.

2. The owner of an automobile violating the Guarantee of Automobile Accident Compensation Act shall not operate an automobile on the road which is not covered by mandatory insurance, and the defendant is a holder of C C Maman-W car.

Nevertheless, around 12:00 on February 6, 2019, the Defendant operated the said car without mandatory insurance on the front road of Daejeon Jung-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the police interrogation of the accused;

1. A written statement and a vehicle operation report of the accused;

1. Automobile registration certificate;

1. Application of Acts and subordinate statutes of the certificate of automobile transfer, certificate of vehicle abandonment;

1. Relevant legal provisions concerning facts constituting an offense, Articles 81 subparagraph 2 and 12 (1) of the Motor Vehicle Management Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines, respectively;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order;

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