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(영문) 수원지방법원 성남지원 2016.12.21 2016고정1353
도로교통법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who has violated the Automobile Management Act shall file an application for registration of transfer of ownership of a motor vehicle with the Mayor/Do Governor as prescribed by Presidential Decree;

Nevertheless, around May 2012, the Defendant purchased and took over a car in the name of a trade partner in Dongdaemun-gu Seoul Metropolitan Government, through B, from a trade partner in the Dongdaemun-gu, Dongdaemun-gu, and did not apply for the registration of transfer of the ownership of a motor vehicle within 15 days without justifiable grounds.

2. Around 17:50 on July 7, 2016, the Defendant, without a vehicle driver’s license, driven a clater vehicle at a section of about 50km from 17-19 to 77 km under the control of Hanam-si.

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a person holding Cranchis.

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

Nevertheless, the Defendant operated the said car without mandatory insurance at the time and place specified in the foregoing Paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. Automobile register;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 152 subparag. 1 of the Road Traffic Act, Article 43 of the Act on the Guarantee of Automobile Accident Compensation, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8, Article 81 subparag. 2 of the former Automobile Management Act (Amended by Act No. 13686, Dec. 29, 2015); Articles 81 subparag. 2 and 12 (1) of the former Automobile Management Act (Amended by Act No. 13686, Dec. 29, 2015); selection of a fine for negligence

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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