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(영문) 대구지방법원 2015.12.23 2015고정2739
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. On April 18, 2015, the Defendant violated the Automobile Management Act: (a) received a motor vehicle by transfer from B, which is a “large-type vehicle” in front of the river basins located in Yangyang-si in Busan Metropolitan City; and (b) did not file an application for the registration of transfer of ownership of a motor vehicle with the competent authority within 15 days without justifiable grounds.

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

Nevertheless, at around 15:40 on July 17, 2015, the Defendant had F, who is unaware of the circumstances, operate the said car on the front road located in Yongcheon-si D without mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Family relation certificate:

1. Force of a medical insurance contract;

1. Application of the register of automobiles statutes

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparagraph 2 and 12 (1) of the Motor Vehicle Management Act (the point of applying for non-registration of ownership transfer), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Articles 34 (1) and 31 (1) of the Criminal Act (the point of operating motor vehicles which are not mandatory insurance, the choice of fines) of the Motor Vehicle Management Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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