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(영문) 부산지방법원 서부지원 2018.01.23 2017고정361
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. Any 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 to the Mayor/Do Governor;

Nevertheless, on October 2016, the Defendant purchased H-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

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

Nevertheless, on November 7, 2016, around 10:25, the Defendant operated the said car on the road, which was not covered by mandatory insurance, from that time until February 25, 2017, 24 times, as indicated in the list of crimes, from the time to February 25, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of suspect questioning by the police officer regarding E;

1. Inquiry into history of a medical insurance contract;

1. Application of Acts and subordinate statutes to inquiries about non-insurance operating vehicles;

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 registration of transfer of ownership), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operation of automobiles which are not mandatory insurance), and 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 instant crime was repeated even during the period of repeated crime, which was sentenced to a violation of the Act on the Criminal Procedure of the Aggravated Punishment of the Sentencing pursuant to Article 334(1) of the Act on the Management of Motor Vehicles with Grounds for Sentencing.

However, the fact that the defendant recognized all of the crime of this case and did not repeat the crime of this case, the fact that he purchased mandatory insurance after the crime of this case and disposed of the vehicle, and the defendant's age, sex, environment, and the crime of this case.

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