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(영문) 서울북부지방법원 2016.03.22 2016고정342
자동차관리법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who has taken over a registered motor vehicle shall file an application for the registration of ownership transfer with the competent Mayor/Do Governor, as prescribed by Presidential Decree;

Although the Defendant acquired a car in the name of Thai-si Co., Ltd. from B on January 15, 2014, the Defendant did not file an application for the ownership transfer registration with the competent Mayor/Do Governor within 15 days without justifiable grounds, even though he/she acquired a car in the name of Thai-si Co., Ltd. from B.

2. The Defendant in violation of the Guarantee of Automobile Compensation for Damages is C’s franchise and owner of a passenger car.

around 15:00 on August 20, 2015, the Defendant, without purchasing mandatory insurance on the front side of Dobong-gu Seoul Metropolitan Government D, operated the car.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Details of subscription to the C mandatory insurance, copies of the original register of automobile registration inspected, details of illegal motor vehicle detection, and control photographs;

1. Application of the police seizure protocol statutes;

1. Relevant legal provisions concerning criminal facts, Articles 81 subparag. 2 and 12 subparag. 1 of the former Automobile Management Act (Amended by Act No. 11929, Jul. 16, 2013); Article 46 subparag. 2 of the Guarantee of Automobile Compensation Act; the main sentence of Article 8 (2) of the Guarantee of Automobile Compensation Act (which means operating a vehicle with no mandatory insurance) and each of the fines;

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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