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(영문) 부산지방법원 2017.02.16 2016고정4035
자동차관리법위반등
Text

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

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

Reasons

Punishment of the crime

1. Any person who has taken over an automobile registered in violation of the Automobile Management Act shall apply for the registration of transfer of ownership to the competent authority within fifteen days;

Nevertheless, the Defendant did not file an application for ownership transfer registration by August 2, 2016, even though he/she acquired the CM520 vehicle registered on behalf of three million won of the loan borrowed from the Yong-dong, Nam-gu, Busan around 2014.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, on August 2, 2016, the Defendant operated the said car that was not covered by mandatory insurance on the following roads located in the mid-gu Busan Metropolitan City Central Office of Telecommunications around 06:30.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of detection of a motor vehicle offender by law (C).

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparagraph 2 and 12 (1) of the Automobile Management Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act, and selection of a penalty separately provided for in each subparagraph;

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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