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(영문) 서울북부지방법원 2016.11.17 2016고정1890
자동차관리법위반등
Text

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

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

Reasons

Punishment of the crime

1. An automobile violating the Automobile Management Act shall not be operated unless it is registered in the register of automobile;

Nevertheless, at around 14:25 on May 27, 2016, the Defendant operated the Rour car, which is a non-registered vehicle acquired from C on September 2012, 2012, without registering it in the name of the Defendant.

2. Notwithstanding the fact that a motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act is prohibited from being operated on the road, the Defendant operated a DNA motor vehicle, which is a registered motor vehicle not covered by mandatory insurance at the same time and at the same place as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A written confirmation and a written statement;

1. Application of Acts and subordinate statutes concerning registration and notification of commercial cars (age excess) ex officio;

1. Relevant legal provisions concerning facts constituting an offense, Article 80 subparagraph 1 of the Motor Vehicle Management Act and Article 5 of the Motor Vehicle Management Act (hereafter referred to as "unregistered motor vehicle operation"), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and 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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