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(영문) 인천지방법원 부천지원 2016.12.09 2016고정1347
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 900,000.

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

Reasons

Punishment of the crime

1. Any person who takes over a motor vehicle registered for violating the Motor Vehicle Management Act shall file an application for registration of transfer of ownership with the Mayor/Do Governor as prescribed by Presidential Decree;

Nevertheless, on March 12, 2013, the Defendant acquired E E-cub motor vehicle from D to KRW 2.5 million at the parking lot of the “C” golf driving range located in Kimpo-si B, Kimpo-si, Kimpo-si, and did not apply for the registration of transfer of the ownership of motor vehicle within 15 days without justifiable grounds.

2. No automobile 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 September 6, 2016, the Defendant operated the E E E E-coo vehicle not covered by mandatory insurance in the section of about 3.9 km from the Do in front of the subordinate high school located in 30 Do in the Haak-ro 806-ro, Haak-ro 806-ro to the Haak-ro 521.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The register of automobiles and detailed statement of deposit transactions;

1. A written confirmation prepared by D;

1. Application of Acts and subordinate statutes to photographic data (written confirmation and mandatory insurance inquiry);

1. Article 81 Subparag. 2 of the former Automobile Management Act (amended by Act No. 12146, Dec. 30, 2013); Articles 81 Subparag. 2 and 12(1) of the same Act (amended by Act No. 12146, Dec. 30, 201); Articles 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; and selection of fines for each type of crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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