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(영문) 대전지방법원 천안지원 2016.01.07 2015고정1035
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. No person who violates the Automobile Management Act shall file an application for registration of transfer of ownership of a motor vehicle without justifiable grounds;

Nevertheless, the Defendant purchased DM3 vehicles registered in the name of C in the vicinity of the Seoul Pyeong Station around August 2014 through name B (one name B) and did not apply for the registration of transfer of the ownership of a motor vehicle without justifiable grounds.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, at around 09:30 on January 23, 2015, the Defendant operated DSS3 vehicles not covered by mandatory insurance from the nearby the Gangseo-gu Seoul Airport Agricultural and Fishery Product Center to the roads prior to the Gangseo-gu Seoul Airport Dong 2 Public Security Center, Gangseo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Descriptions of control manual;

1. Application of each Act or subordinate statute to a copy of a motor vehicle registration certificate (D) and a certificate of transfer of motor vehicle;

1. Article 81 Subparag. 2 and Article 12(1) of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015); Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (amended by Act No. 13686, Dec. 29, 2015);

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include five times of punishment (one time of actual punishment and four times of fines) for the crime of this type. Meanwhile, there are no past history of criminal punishment after around 2004, and all of the crimes are recognized, and the arguments of this case, including the defendant's age, sex, and environment.

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