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(영문) 대구지방법원 2017.01.20 2016고정2437
자동차관리법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is an unqualified person.

(a) Any person who takes over an automobile registered in violation of the Automobile Management Act shall file an application for the registration of transfer of ownership with the Mayor/Do Governor within fifteen days from the date of purchase;

Nevertheless, in 2014, the Defendant received the volume of XG (B) car from the person in a name in cash in front of the original parking lot located in the city of Changwon-gu, Gyeongnam-gu, and operated the ownership transfer registration without filing an application for ownership transfer registration until 11:08 May 4, 2016.

(b) 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;

Nevertheless, the Defendant, without purchasing mandatory insurance, operated the said vehicle on the street in the front of the Sinsan City from May 4, 2016 to May 11:08, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (record No. 7 pages);

1. Automobile registration certificate;

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

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act (the point of application for non-registration of ownership transfer), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operation of vehicles which are not mandatory insurance), and selection of fines, 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 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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