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(영문) 대구지방법원 상주지원 2016.02.16 2015고정219
자동차관리법위반등
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. The transferee of a motor vehicle registered in violation of the Automobile Management Act applies for the registration of the transfer of ownership of the motor vehicle to the competent authority, as prescribed by Presidential Decree. However, on October 2013, the Defendant entered the bill of indictment in the deputy Jin-dong, Co., Ltd., Ltd., which was located in Chungcheongnam-dong, as “E” in the indictment. However, according to the records, it is obvious that it is a clerical error in the entry, and thus, the Defendant did not apply for the registration of the transfer of ownership of the motor vehicle without justifiable

2. Although the Defendant is prohibited from operating a motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant operated a C Poter truck which is not covered by mandatory insurance on September 24, 2015 on the front road of the D Poter at the time of stay.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Inquiry into each mandatory insurance;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Relevant legal provisions concerning facts constituting an offense, Articles 81 subparag. 2 and 12 subparag. 1 of the former Automobile Management Act (Amended by Act No. 13686, Dec. 29, 2015); Article 46 subparag. 2 of the Guarantee of Automobile Compensation Act; the main sentence of Article 8 of the Guarantee of Automobile Compensation Act; and the 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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the following circumstances: (a) the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act may take into account the circumstances leading to the instant crime; and (b) the Defendant’s age, sex and environment; (c) motive, means and consequence of the instant crime; and (d) the sentence shall be sentenced as ordered by taking into account the conditions of sentencing

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