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(영문) 전주지방법원 2018.03.28 2017고정820
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Any person who has acquired an automobile registered in violation of the Automobile Management Act, shall apply for the registration of transfer of ownership to the Mayor/Do Governor within fifteen days from the date of acquisition;

Nevertheless, even though the Defendant acquired DSS520 motor vehicles from C at a non-permanent place on July 2014, the Defendant did not file an application for the registration of transfer of ownership of the said motor vehicle within 15 days from the acquisition without justifiable grounds.

2. No owner of any motor vehicle violating the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, on July 27, 2014, the Defendant owned DM520 Motor Vehicle and operated the said Motor Vehicle not covered by the mandatory motor vehicle insurance on the front road of the Korea Gas Corporation in the Yellow-ro, Jung-gu, Jung-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Original register of vehicles;

1. Application of Acts and subordinate statutes concerning investigation reports (related to the operation of large vehicles);

1. Article 81 subparagraph 2 of the relevant Act on the Management of Motor Vehicles and Article 12 (1) of the said Act on the facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the said Act on the Guarantee of Automobile Compensation, 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is against all the instant crimes. However, the act of running a vehicle without filing an application for the registration of ownership transfer of the vehicle may lead to multiple crimes by clarifying the ownership of the vehicle, and making it difficult for the Defendant to protect the victim when the traffic accident occurred. Therefore, the Defendant’s liability for the crime is light.

In full view of the circumstances indicated in the records of this case, including the fact that the sentencing conditions cannot be imposed.

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