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(영문) 수원지방법원 성남지원 2016.11.09 2016고정1184
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

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

Nevertheless, around April 25, 2016, the Defendant acquired DMW car from C as a repayment of the loan amounting to 4.5 million won at the Hanam-si Office of Automobile Registration, and did not apply for the registration of transfer of name within 15 days without justifiable grounds.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a DMW car.

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

Nevertheless, at around 11:30 on June 11, 2016, the Defendant operated the said car without mandatory insurance at approximately 1 km section from around 85 meters to the Dongju station located in the same city due to the extension of the city E from the Hanam-si to the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of automobile registration certificate;

1. Automobile insurance certificate:

1. Application of the register of automobiles statutes

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act that choose a sentence, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the selection of fines;

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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