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(영문) 수원지방법원 평택지원 2017.12.06 2017고정587
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

The Defendant is the owner of the k5 vehicle.

1. Any person who takes over a motor vehicle registered in violation of the Motor Vehicle Management Act shall file an application for registration with the Mayor/Do Governor as prescribed by Presidential Decree;

Nevertheless, on October 2016, the Defendant did not apply for the registration of transfer of ownership without justifiable grounds within 15 days after he/she acquired the above vehicle from a person who was unable to obtain his/her name in the D street located in Asan-si, Asan-si.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant, on July 3, 2017, operated the said vehicle, which was not covered by mandatory insurance, until it is discovered by having F, an acting driver, drive in front of the office building of Pyeongtaek-si, Pyeongtaek-si, 21:20 on July 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Automobile registration ledger, unmanned control inquiry, notification, inquiry about mandatory insurance, and vehicle photograph;

1. Application of Acts and subordinate statutes to reports on occurrence, respective internal investigation reports, and investigation reports (Submission of text records);

1. Relevant legal provisions concerning facts constituting an offense, and 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 Compensation Act (the point of operation of vehicles which are not mandatory insurance), and selection of fines, 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 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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