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(영문) 부산지방법원 2016.11.28 2016고정3522
자동차관리법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Motor vehicles violating the Motor Vehicle Management Act shall be operated by the owner of the motor vehicle or the person entrusted with the operation of the motor vehicle;

On May 21, 2016, the Defendant operated a C-owned car without being entrusted with matters concerning its operation, etc. from around 1k to the lower end of the same road from the 140 Do to the 6th roads near the port of the foreign exchange bank located in the same Gu, the Defendant operated the C-owned car.

2. On May 21, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Accident Compensation Act, driving the said Ecoos car not covered by mandatory insurance without a car driver’s license at approximately 1 km section from the 140 Do adjacent to the 140 Do, Seo-gu, Busan, to the road near the 6 Do, at the bottom of the foreign exchange bank located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A copy of an automobile registration certificate, a certificate of personal seal impression, a copy of vehicle operation permission and consent note, a copy of receipts, a copy of a resident registration certificate, a copy of automobile type inspection report, and a copy

1. Records of seizure and the list of seizure;

1. Registers of driver's licenses;

1. Investigation report (with respect to failure to buy the C mandatory insurance) and application of Acts and subordinate statutes governing the Mandatory Insurance Policy;

1. Relevant legal provisions concerning facts constituting an offense, Articles 81-7-2, 24-2 (1) (the point of operating a vehicle other than an automobile user), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Automobile Accident Compensation Act, and the selection of fines, respectively;

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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