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(영문) 서울중앙지방법원 2016.04.28 2016고정846
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. The Defendant in violation of the Automobile Management Act is a person who engages in automobile trading business under the trade name “B” at the Changnam-si.

A motor vehicle trader shall have a duty to keep the front registration number plate of the motor vehicle in custody of the relevant motor vehicle trade association or the head of the relevant Si/Gun/Gu in order to prevent the vehicle from being operated arbitrarily.

Nevertheless, on December 1, 2015, the Defendant used a motor vehicle registration number plate on the front side of a motor vehicle franchise which is a commercial motor vehicle, and operated a motor vehicle registration number plate (C) to be kept by the motor vehicle trade association or the head of a Si/Gun/Gu from the Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, to the front road of a non-exclusive apartment of 391 Seocho-gu, Seoul.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of Cchip XG car.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, the defendant operated the above vehicle which was not covered by mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to the next inquiry session;

1. Relevant legal provisions concerning facts constituting an offense, Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act, 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. 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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