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(영문) 수원지방법원 평택지원 2017.01.12 2016고단1801
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of Bone Star and Car.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, around 13:00 on July 26, 2016, the Defendant operated the said car without mandatory insurance at a section of about 20 meters from the 1840-way to the front road of the 20th Green Cross pharmacy, when the 1840-way taxi was authentic, according to the 190-round 13:00 Pyeongtaek-si Authenticity.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven the said automobiles without obtaining a driver’s license at the date and place specified in paragraph 1.

3. Any person who violates the Automobile Management Act shall apply for the registration of transfer of ownership of a motor vehicle within 15 days from the date of purchase by the Mayor/Do Governor;

Nevertheless, the Defendant did not apply for the registration of transfer of ownership until July 26, 2016 without justifiable grounds, even though he/she acquired Bone Starex vehicle to the wife of the owner of the vehicle at the end of January 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of vehicle operation;

1. Application of Acts and subordinate statutes to report on investigation ( inquiry into mandatory insurance and next inquiry);

1. Relevant legal provisions concerning facts constituting an offense, Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed driving point), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (non- mandatory insurance) and Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act, and selection of imprisonment, 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 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the operation of the community service order under Article 62-2 of the Criminal Act, which is punished six times (four times due to drinking driving) due to a driving without the reason of sentencing, etc., has been continuously engaged in driving without a license for ten years or more, and there is no previous conviction exceeding a fine.

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