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(영문) 대전지방법원 서산지원 2017.06.09 2017고단277
자동차손해배상보장법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Any person who has taken over a motor vehicle registered in violation of the Motor Vehicle Management Act shall file an application for the registration of transfer of ownership with the Mayor/Do Governor within fifteen days;

Nevertheless, the Defendant did not file an application for the registration of transfer of ownership of a motor vehicle within 15 days without justifiable grounds, even though he/she acquired a cub motor vehicle from a trader of a motor vehicle without his/her name on the front side of an unclaimed elementary school located in Incheon Metropolitan City, 2013.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, at around 14:14, Jun. 18, 2015, the Defendant driven a cuss car in B, which was not covered by mandatory insurance in Western City C, as well as driving a cuss car in B, which was not covered by mandatory insurance on a total of six occasions from around that time to April 4, 2016, such as the list of crimes committed in attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as inquiry into non-insurance operating vehicles, the ledger of registration of motor vehicles, inquiry into history of medical insurance contracts, investigation reports (report on submission of motor vehicle registration certificates, etc.), motor vehicle registration certificates, certificates of seal imprint, certificates of transfer of motor vehicles

1. Relevant legal provisions concerning criminal facts, Articles 81 subparag. 2 and 12(1) of the former Automobile Management Act (Amended by Act No. 12146, Dec. 30, 2013); Articles 46 subparag. 2 and 8 of the Guarantee of Automobile Compensation Act; the main text of Article 46 subparag. 2 of the Guarantee of Automobile Compensation Act; and the selection of fines (in the instant vehicle acquisition process, frequency of the instant crime, relationship of criminal records, etc.)

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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