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(영문) 서울북부지방법원 2017.11.24 2017고정1707
자동차관리법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is the owner of B observer car.

1. Any person who violates the Automobile Management Act shall apply for the registration of transfer of ownership of a registered automobile to the Mayor/Do governor;

Nevertheless, even if the Defendant took over the above automobile without compensation from the land owner C at a place where it is difficult to identify the place of July through August 2014, the Defendant did not apply for the registration of transfer of ownership without justifiable grounds.

2. Violation of the Guarantee of Automobile Damage Compensation;

A. On November 21, 2015, around 14:34, the Defendant operated the said car without mandatory insurance on the front road of Dobong-gu Seoul Metropolitan Government Dobong-gu Station.

B. On April 14, 2017, the Defendant operated the said car without mandatory insurance on the front road of the Gui-si, Gui-si, Dai-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the motor vehicle registration ledger, a detailed statement of inquiry about the disposition of notification, and a detailed statement of mandatory insurance subscription;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act (a point of application for non-registration of ownership transfer), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (a point of operation of a vehicle with no mandatory insurance), 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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