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(영문) 수원지방법원 2017.05.11 2017고정314
자동차관리법위반등
Text

Defendant shall be punished by a fine of three 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 an automobile registered in violation of the Automobile Management Act shall apply for the registration of transfer of ownership to the competent authority under the conditions as prescribed by the Presidential Decree;

In May 2013, the Defendant did not apply for the registration of transfer of the ownership of a motor vehicle to the Defendant without justifiable grounds, even though he/she acquired a vehicle B from a person without his/her name to KRW 4,300,000, which is owned by B through an Internet site where the name is unknown.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, on July 26, 2016, the Defendant operated the CM5 car, which was not mandatory insurance in the vicinity of the D apartment in Young-gu, Young-gu, Young-gu, Young-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Motor vehicle registration ledger, chassis, and mandatory insurance inquiry;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, Articles 81 subparag. 2 and 12 subparag. 1 of the former Automobile Management Act (Amended by Act No. 13686, Dec. 29, 2015); Article 46 subparag. 2 of the Guarantee of Automobile Compensation Act; the main sentence of Article 8 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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