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(영문) 서울서부지방법원 2017.02.10 2016고정1553
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 takes over an automobile registered in violation of the Automobile Management Act shall apply for the registration of transfer of ownership to the Mayor/Do governor within fifteen days after it has been taken over

Nevertheless, even though the Defendant acquired E-car from D in the vicinity of the C church located in Gangnam-gu Seoul, Seoul around September 2015, the Defendant did not apply for the registration of transfer of ownership without justifiable grounds within 15 days from that time.

2. The Defendant violated the Guarantee of Automobile Compensation Act, even though he/she owned a motor vehicle E and was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, he/she operated the said motor vehicle without mandatory insurance from September 2015 to May 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the certificate, etc. of automobile transfer);

1. Original Register of Automobile Registration;

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

1. Article 81 subparag. 2 and Article 12 subparag. 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 Compensation Act; selection of fines for the crime

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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