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(영문) 수원지방법원 여주지원 2017.07.17 2017고정32
자동차관리법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

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 the registration of transfer of ownership with the Mayor/Do Governor as prescribed by Presidential Decree;

Nevertheless, even though the Defendant purchased from B a trade infinite car in the first place on September 4, 2014 from Cgallonyro 2.2 million won, the Defendant did not apply for the registration of transfer of ownership without justifiable grounds.

2. While the Defendant was prohibited from operating a vehicle on a road, which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant operated a Cgalloned vehicle, which was not covered by mandatory insurance, on August 24, 2016, in front of the “gallon 59”-ro, Leecheon-si, Leecheon-si.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Mandatory insurance inquiry, certificate of transfer of motor vehicle, and registration certificate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

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 application for 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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