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(영문) 서울남부지방법원 2018.05.10 2018고정363
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Any person who takes over a motor vehicle registered in violation of the Motor Vehicle Management Act shall file an application for the registration of transfer of ownership with the Mayor/Do Governor within fifteen days;

Nevertheless, the Defendant did not apply for the registration of transfer of the ownership of a motor vehicle without justifiable grounds until September 26, 2016, even though the Defendant received and operated the bareboat car from B around July 2010.

2. No owner of a motor vehicle violating the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which has not been covered by mandatory insurance;

Nevertheless, on September 26, 2016, the Defendant operated C motor vehicles not covered by mandatory insurance at approximately 2 km section from the construction site located in the Gyeongnam-si, Sinnam-si on September 26, 2016 to the front roads of the Western elementary school located in approximately 161 west-ro 161.

3. The Defendant, who violated the Road Traffic Act (unlicensed Driving), driven the C Motor Vehicle without obtaining the driver’s license at the same time and at the same place as the above paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to vehicle photographs, motor vehicle registration registers, and mandatory insurance inquiries;

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 non-registration of ownership transfer), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Insurance Act (the point of failing mandatory insurance), Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of non-licensed driving), and each of 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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