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(영문) 대전지방법원 2014.06.26 2014고단1239
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who takes over a motor vehicle registered in violation of the Automobile Management Act shall file an application for registration of transfer of ownership with the Mayor/Do Governor;

Nevertheless, the Defendant, around July 2013, acquired a FM5 car registered in the name of D from Seo-gu Daejeon apartment in the name of D in KRW 3.50,00,000, 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 Accident Compensation Act shall operate any automobile on a road which is not covered by the mandatory insurance of automobiles;

Nevertheless, around 11:30 on January 16, 2014, the Defendant operated the said car without mandatory insurance on the roads prior to the Seo-gu Daejeon World War, Seo-gu, Seo-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. A list of police seizure records;

1. Automobile register;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act that choose a sentence, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act ( point of operating vehicles which are not mandatory insurance), and selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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