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(영문) 청주지방법원 2016.09.08 2016고정506
자동차관리법위반등
Text

Defendant shall be punished by a fine of one 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 file an application for registration of transfer of ownership with the Mayor/Do Governor within 15 days from the date of purchase;

Nevertheless, on March 2014, the Defendant lent KRW 1,50,00 to B in the Buddhist area of Busan, but received C vehicle as collateral, but B could not repay approximately two months after the due date, received the said vehicle instead of the claim.

The Defendant, without registering the transfer of ownership, operated the above vehicle.

2. He/she shall not operate any vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act;

Nevertheless, around 11:00 on April 1, 2016, the Defendant operated the said vehicle that was not covered by mandatory insurance on the inland middle school near the inland middle school in Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on intelligence investigation and a report on investigation;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 81 Subparag. 2 and Article 12(1) of the former Automobile Management Act (wholly amended by Act No. 13686, Dec. 29, 2015); Article 46 Subparag. 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (wholly amended by Act No. 13686, Dec. 29, 2015); selection of fines, respectively, for criminal facts;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act reflects the reason for sentencing of the provisional payment order, the primary offender who has no criminal power, and the sentencing conditions under Article 51 of the Criminal Act shall be determined by comprehensively taking account of the following factors:

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