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(영문) 서울중앙지방법원 2017.01.17 2016고정3146
자동차관리법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Where a person who has acquired an automobile in violation of the Automobile Management Act intends to transfer it again to a third party, he/she shall make a registration of transfer of ownership in his/her name;

The Defendant, on October 2013, 2013, operated by taking over and operating C-Wts’ automobiles from a steel frame B, and on March 2014, the Defendant did not transfer the ownership of a motor vehicle under the name of the Defendant before transferring the said motor vehicle to the deceased and wounded.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

On January 31, 2014, the Defendant: (a) operated a passenger car at C Benz as indicated in the preceding paragraph, which was not covered by the mandatory insurance for motor vehicles, in the vicinity of the IC on the Gyeong-dong Highway; (b) around February 13, 2014, the Defendant operated the said Cenz on the road located in Seongdong-gu Seoul Metropolitan Government Sungdong-dong.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Egresponding on the traffic control system;

1. Making teas;

1. Inquiry into mandatory insurance;

1. A report on investigation (in-house inquiry, etc.);

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Relevant legal provisions concerning criminal facts, Articles 80 subparag. 2 and 12(3) of the former Automobile Management Act (Amended by Act No. 13486, Aug. 11, 2015); each of the former Guarantee for Compensation for Damages of Motor Vehicles (Amended by Act No. 12987, Jan. 6, 2015); and the main text of Article 46(2)2 and Article 8 of the former Guarantee for Compensation for Damages of Motor Vehicles (Amended by Act No. 12987, Jan. 6, 2015); selection of each fine.

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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