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(영문) 부산지방법원 동부지원 2017.05.17 2017고정302
자동차손해배상보장법위반등
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of BD passenger car.

Although a vehicle, which is not covered by the mandatory insurance, is prohibited from being operated on the road, the Defendant operated the said vehicle not covered by the mandatory insurance on August 7, 2016, around 09:30, on the road located in the Busan Suwon-gu C.

2. Violation of the Automobile Management Act;

(a) No one shall remove a vehicle registration number plate and seal attached to a motor vehicle, except as permitted by the competent Mayor/Do Governor or otherwise provided for in other Acts;

Nevertheless, at around 09:00 on August 7, 2016, the Defendant removed a vehicle registration number plate attached to the Defendant’s galloned with Fgallon owned by the Defendant without the permission of the competent authorities.

(b) No person shall attach or seal a registration number plate by any means other than the attachment and sealing of a registration number plate in accordance with the procedures prescribed by Acts and subordinate statutes for the purpose of interfering with the affairs kept in custody of a registration number plate, and shall operate such motor vehicle;

Nevertheless, around August 7, 2016, the Defendant kept in custody the registration number plate of the foregoing B B vehicle owned by the Defendant at the Gu office for reasons such as administrative fines and tax arrears, and operated the above F registration number plate removed from the vehicle owned by the Defendant at his own discretion on the said B vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to photographs at enforcement sites;

1. Article 81 of the relevant Act concerning the facts constituting an offense, Articles 81 subparagraph 1, 10 (2) of the Automobile Management Act, Article 82 subparagraph 1-2, and Article 10 (9) of the Automobile Management Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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