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(영문) 인천지방법원 부천지원 2017.06.02 2017고정389
자동차관리법위반등
Text

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

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

Reasons

Punishment of the crime

1. A person who has purchased or sold an automobile registered in violation of the Automobile Management Act shall make the registration of transfer within fifteen days from the date of purchase;

Nevertheless, on May 18, 2016, the Defendant acquired DSS5 vehicles in KRW 2,500,000, from the Gambling-si (hereinafter referred to as Gambling-si) to Gambling-si (hereinafter referred to as the “Gambling-si”), but did not make a transfer registration until February 18, 2017.

2. No person who violates the Guarantee of Automobile Compensation for Loss shall operate any motor vehicle on the road in a condition that the mandatory insurance is not mandatory;

Nevertheless, on February 18, 2017, the Defendant operated DSS5 vehicles in front of the F, without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Original Register of Automobile Registration;

1. Mandatory insurance certificate;

1. Application of Acts and subordinate statutes to investigation reports ( telephone communications for witnesses C);

1. Relevant legal provisions concerning facts constituting an offense, Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act (the point of application for non-registration of ownership transfer), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle with no mandatory insurance), 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. Although the sentencing of Article 334(1) of the Criminal Procedure Act in the Criminal Procedure Act is the primary offender, the amount of fine under the summary order cannot be neglected considering the period of non- mandatory insurance or the period of unpaid registration of transfer of automobiles, etc.

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