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(영문) 의정부지방법원 2017.07.20 2017고정1111
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. Any person who takes over an automobile registered in violation of the Automobile Management Act shall apply for the registration of transfer of ownership to the competent authority within fifteen days;

Nevertheless, on September 2015, the Defendant did not apply for the registration of transfer of ownership in the name of the Defendant within 15 days even if he/she received from a person who was in an infinite from his/her name, B Corkdo-B Do- Do cargo vehicle owned by the Central Tech Co., Ltd. from his/her name.

2. The Defendant in violation of the Guarantee of Automobile Compensation for Damages is the owner of B Corrodo-Bail.

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

Nevertheless, on February 5, 2017, the Defendant operated a motor vehicle that was not covered by mandatory insurance on the D Mart road located in the Namyang-si, Namyang-si. C.

Summary of Evidence

1. Statement by the defendant in court;

1. Original Register of Automobile Registration;

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

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act (in cases where registration of transfer of a motor vehicle has not been made), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (in cases of operation of a motor vehicle with no 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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