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(영문) 서울북부지방법원 2017.09.18 2017고정1189
자동차관리법위반등
Text

Defendant shall be punished by a fine of 1.2 million won.

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

Reasons

Punishment of the crime

The defendant is the actual owner of the Category B k7 car.

(a) Any person who has taken over an automobile registered in violation of the Automobile Management Act shall file an application for the registration of transfer of ownership with the Mayor/Do Governor within fifteen days from the date of purchase;

Nevertheless, even if Defendant 2 received the above vehicle from a person who was in a name in the old-dong, Kim Jong-dong, Kim Jong-dong, around February 2014, Defendant 201 and applied for the registration of transfer of ownership of the vehicle without justifiable grounds.

(b) No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, at around 13:00 on February 27, 2016, the Defendant operated the said vehicle not covered by mandatory insurance within approximately 100 kilometers from the tegrae Belgium in front of the tegian Dobong-ro 963, Dobong-gu, Seoul to the front day of the Dowing inspection station located in Dobong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Transmission of the motor vehicle registration ledger and mandatory insurance coverage details;

1. Application of the Acts and subordinate statutes governing inquiries into stolen vehicles;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act (the point of not applying for the registration of ownership transfer, the selection of fines), Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (the point of operating automobiles which are not mandatory insurance, and the selection of fines);

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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