logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.05.26 2015고정2638
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. Any person who has acquired an automobile in violation of the Automobile Management Act shall file an application for the registration of transfer of ownership with the Mayor/Do Governor within fifteen days;

Nevertheless, on September 2014, the Defendant did not apply for the registration of transfer without any justifiable reason even after having taken over C cargo vehicles registered under the name of New Technology Development Co., Ltd. in the middle of Korea.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is the owner of a cargo vehicle C1 ton.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, at around 10:51 on March 26, 2015, the Defendant operated the foregoing cargo vehicle, which was not covered by mandatory insurance on the front of the E Hospital located in Dongducheon-si D.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A certificate of inspection of the motor vehicle registration ledger;

1. Investigation report (related to the location of the C vehicle and computerized input);

1. Application of Acts and subordinate statutes to detailed data on stolen and stolen vehicles;

1. Relevant legal provisions concerning facts constituting an offense, Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act (the point of application for registration of transfer of ownership), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operation of automobiles which are not mandatory insurance), and selection of fines, respectively;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendant: (a) lent KRW 2 million to F around September 2014 and received the said vehicle for the purpose of securing the above claim; (b) thus, the Defendant is not obligated to apply for the registration of transfer of “ownership” of a motor vehicle under Article 12(1) of the Motor Vehicle Management Act.

In addition, the defendant may be aware that there are a considerable number of seizures due to administrative fines, environmental improvement charges, local taxes in the above vehicle.

arrow