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(영문) 수원지방법원 평택지원 2016.11.30 2016고정460
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is the actual manager of B vehicles in violation of the Automobile Management Act.

Any person who takes over a registered motor vehicle shall file an application for registration of transfer of motor vehicle ownership with the Mayor/Do Governor, as prescribed by Presidential Decree.

Nevertheless, the Defendant did not apply for the registration of transfer of name within 15 days without justifiable grounds, even though he/she acquired B car from Defendant 1, his/her mother, his/her mother, to Defendant C, who was his/her mother, on March 2015.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance for motor vehicles;

Nevertheless, at around 20:30 on May 12, 2016, the Defendant operated a car in front of Pyeongtaek-si D with the foregoing paragraph (1) without purchasing mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Automobile register;

1. Mandatory insurance policies;

1. Application of each police investigation reporting statute;

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

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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