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(영문) 부산지방법원 2017.07.06 2016고정4235
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

1. Violation of the Automobile Management Act;

(a) An automobile shall be operated by an automobile user entrusted with the matters concerning the operation, etc. of automobiles by an automobile owner or an automobile owner;

Nevertheless, on August 2016, the Defendant: (a) obtained the franchise from a person who is not a motor vehicle user of a motor vehicle and operated the motor vehicle by transfer from a person who is not a motor vehicle user of a motor vehicle; and (b) operated the motor vehicle by transferring it to another person.

(b) A person who takes over a registered motor vehicle shall file an application for registration of transfer of ownership with the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, on August 2016, 2016, the Defendant: (a) obtained the franchise from a person in the name name stated in Paragraph (a) of Paragraph (1) and did not transfer the said franchise until September 2016; and (b) did not transfer the ownership of a passenger vehicle until September 2016.

2. 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, from the beginning of August 2016 to August 29, 2016, the Defendant operated a passenger car by entering Paragraph 1, which was not covered by mandatory insurance, as stated in Paragraph 1, which was operated by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each photograph (39 pages, 41 pages of investigation records);

1. Comprehensive details of each vehicle (45 pages, etc. of investigation records), the motor vehicle registration ledger (46 pages of investigation records), and inquiries into mandatory insurance (57 pages of investigation records);

1. Application of Acts and subordinate statutes to investigative reports ( telephone communications by an owner of illegal name motor vehicle);

1. Relevant laws concerning criminal facts, Articles 81 subparagraph 7-2 and 24-2 of the Automobile Management Act (the operation of a motor vehicle by a person other than the motor vehicle user), Articles 81 subparagraph 2 and 12 (1) of the Motor Vehicle Management Act (the occupation of an application for non-registration of ownership transfer), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the occupation of an application for non-registration of ownership transfer), and each of fines.

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