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(영문) 수원지방법원 성남지원 2017.08.10 2016고단1663
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who violates the Automobile Management Act shall apply for the registration of transfer of ownership of a registered automobile within fifteen days from the date of its purchase;

Nevertheless, the Defendant did not file an application for the registration of transfer with the competent authority within 15 days from the date of acquisition, even though the Defendant acquired Crain Car registered in the name of Gangseo-gu Seoul Metropolitan Government on June 9, 2015 from B, by transfer from B.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any automobile which is not covered by mandatory insurance;

Nevertheless, at around 17:50 on June 12, 2016, the Defendant operated a passenger car indicated in the preceding paragraph, which was not covered by mandatory insurance, from around 50 km to the national highways of approximately 1112, 3 meters away from the 24-545, Gangseo-gu, Seoul, Gangseo-gu, Seoul, to the 1112.

3. The Defendant violated the Road Traffic Act (unlicensed Driving) driven a car as stated in the preceding paragraph without obtaining a driver’s license at the time and place specified in the preceding paragraph.

Summary of Evidence

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

1. A ledger of driver's licenses, a paper from which the driver's license is printed out, and an inquiry into mandatory insurance is printed out;

1. Application of Acts and subordinate statutes governing vehicle photographs;

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 transfer), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation 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 choice of imprisonment, 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 62 (1) of the Criminal Act on the suspended execution;

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