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(영문) 청주지방법원 2016.04.12 2016고정98
자동차관리법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates a passenger car car in B.

1. Any person who takes over an automobile registered 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 from the date of purchase;

Nevertheless, on April 2014, the Defendant purchased the said motor vehicle from C in front of the Jung-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, to KRW 800,000,000, and did not file an application for the registration of transfer of ownership of the said motor vehicle until September 2, 2015.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, on September 2, 2015, the Defendant operated the said automobile that was not covered by mandatory insurance in front of the E-care center, which was located in E-care center D around 06:00 on September 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on the arrest of a case;

1. Application of Acts and subordinate statutes to the motor vehicle registration ledger, references to mandatory insurance, inquiries into non-life insurance policies, and inquiries into information about non-life insurance operations;

1. Relevant legal provisions concerning facts constituting an offense, Articles 81 subparag. 2 and 12 subparag. 1 of the former Automobile Management Act (Amended by Act No. 13686, Dec. 29, 2015); Article 46 subparag. 2 of the Guarantee of Automobile Compensation Act; the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (which means operating an automobile with no mandatory insurance) and each of the fines;

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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