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(영문) 청주지방법원 2017.08.24 2017고정162
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Any person who has taken 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 from the date of purchase;

Nevertheless, on May 2015, the Defendant received the claim 20 million won, instead of the claim 20 million won from the owner B of the previous vehicle, from the mutual influenite parking box located in Yeongdeungpo-gu Seoul Metropolitan Government, and did not apply for the registration of transfer of ownership until July 26, 2015.

2. No motor vehicle which violates the mandatory insurance policy for motor vehicle damage compensation shall be operated on a road;

Nevertheless, on July 26, 2015, the Defendant operated the said automobile that was not covered by mandatory insurance in front of the Heung-gu Seoul Metropolitan Government D around 17:35.

3. The Defendant violated the Resident Registration Act at the same time and place as Paragraph 2, and at the same time and place, requested a traffic officer to present a driver’s license, and given him/her “F”, his/her resident registration number, which is his/her resident registration number, and used it unlawfully.

4. On July 26, 2015, the Defendant, in violation of the Road Traffic Act, driven the said vehicle at a section of approximately 1 k’s length, from the vicinity of the jun-gu Bridge that was located in the jun-si Buk-gu, Chungcheongnam-gu, Chungcheongnam-si to the front of the jun-gu Dom of the jun-si dong, without a driver’s license.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Reporting on the arrest of a case;

1. A certificate;

1. The motor vehicle registration ledger and the motor vehicle driver's license ledger;

1. Inquiries about respective mandatory insurance, harmonization between each mandatory insurance not covered, inquiry into information about operation of non-insurance, and application of statutes;

1. Relevant legal provisions concerning the facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 81 subparagraph 2 and Article 12 (1) of the Automobile Management Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Compensation Act, Article 37 subparagraph 10 of the Resident Registration Act, and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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