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(영문) 수원지방법원 평택지원 2017.11.24 2017고정497
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. A person who takes over a motor vehicle registered in violation of the Motor Vehicle Management Act shall apply for the registration of transfer of ownership of a motor vehicle to the Mayor/Do governor within fifteen days from the date of purchase;

Nevertheless, on April 25, 2017, the Defendant did not apply for the registration of ownership transfer in the name of the Defendant with respect to the vehicles that he/she acquired from the Buddhist high school located in Bupyeongcheon by June 2, 2017.

2. Although the Defendant was prohibited from operating a vehicle on the road not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant started from the apartment complex of Pyeongtaek-dong, Pyeongtaek-dong, Seoul Special Metropolitan City around 10:0 on April 25, 2017 and operated one kilometer of one kilometer with mandatory insurance up to the shooting distance of Pyeongtaek-dong, Hong-dong, and Han-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Application of investigation reports (related to attachment of the ledger of motor vehicle registration and the details of inquiries about mandatory insurance to the relevant motor vehicle);

1. Article 81 subparagraph 2 of the relevant Act and Article 12 (1) of the Automobile Management Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 (2) of the same Act concerning the operation of automobiles which are not mandatory insurance);

1. Selection of each alternative fine for punishment;

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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