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(영문) 전주지방법원 2014.06.11 2014고정231
자동차관리법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Where a transferee of an automobile intends to transfer it to a third party, any person who has violated the Automobile Management Act shall file an application for the registration of transfer of ownership with the competent Mayor/Do Governor;

Nevertheless, on January 2013, the Defendant: (a) took over Bbea-crui-si in the street near the bus terminal located in the Busan East-gu, Busan; (b) did not file an application for the registration of transfer of ownership of a motor vehicle with the competent Mayor/Do governor; and (c) on February 20, 2013, transferred the said motor vehicle to C at the same time on the street near the subway station located in the Don-gu, Seojin-gu, Seoul; and (d) on February 20, 2013, after receiving KRW 10 million from the competent Mayor/Do governor.

2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on which mandatory insurance is not mandatory on the road. However, the Defendant operated the said Bbe-cricking motor vehicle, which was not mandatory insurance on February 20, 2013, around the bus terminal located in the Dondong-gu Busan Metropolitan City, Busan Metropolitan City, and around February 20, 2013, the Defendant operated the said Bbe-cricking motor vehicle, which was not covered by mandatory insurance on the bus front of the d

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Investigation report (Attachment of register of damaged vehicle);

1. The application of the Act and subordinate statutes to the investigative report (for the transfer process of the vehicle);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 80 subparagraph 2, 12 (3) of the Automobile Management Act (a point of application for non-registration of transfer of ownership), Articles 46 (2) 2, 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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