logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2017.02.03 2016고정1738
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

1. The Defendant in violation of the Automobile Management Act is a person who receives and operates a hived vehicle from the E in the name of D.

A person who takes over a registered motor vehicle shall file an application for the registration of transfer of ownership of a motor vehicle (hereinafter referred to as "registration of transfer") with the Mayor/Do Governor, as prescribed by Presidential Decree.

Nevertheless, the Defendant did not apply for the registration of transfer of ownership until October 9, 2016 after purchasing the said vehicle with KRW 500,000 in the vicinity of Incheon around October 2014.

2. Notwithstanding the fact that the Defendant was unable to operate a motor vehicle that was not covered by mandatory insurance, etc., the Defendant, on October 9, 2016, operated a motor vehicle in a non-insurance state without being able to obtain the mandatory insurance of the E- which is used by himself/herself on the road front of the Mansan-si, Masan-si, Masan-si, Mansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation:

1. On-site photographs;

1. Application of the motor vehicle registration ledger and the mandatory insurance-related Acts and subordinate statutes;

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); Articles 46 subparag. 2 and 8 of the Guarantee of Automobile Compensation Act (which did not apply for the registration of transfer of ownership of a motor vehicle); Articles 46 subparag. 2 and 8 of the Guarantee of Automobile Compensation Act (which means the operation of a motor vehicle with no mandatory insurance) and the selection of fines, respectively;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (the confessions and reflects of the accused, and the facts that the accused does not have any same criminal record);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

arrow