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(영문) 서울동부지방법원 2016.05.11 2016고정410

자동차관리법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant is a holder of Bone Star Co., Ltd.

1. No person who violates the Automobile Management Act shall forge or alter a motor vehicle registration number plate, etc., or use a forged or altered motor vehicle registration number plate;

Nevertheless, around August 27, 2013, the Defendant kept in custody the back registration number plate of the above knife on the grounds of delinquency in payment of administrative fines in the Yongsan-gu Seoul Metropolitan Government Office traffic guidance division, and attached a copy of the knife board of the front registration number plate printed out on the cover of the knife onto the knife, and operated on the back registration number plate of the above knife on the back of the above knife, and around June 24, 2015, up to the main road of Seongdong-gu, Seoul Metropolitan Government.

Accordingly, the Defendant forged a car registration number plate and used a forged car registration number plate.

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

Nevertheless, the defendant operated the above van which was not covered by mandatory insurance on the road as provided in the above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about control-related photographs and mandatory insurance;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant legal provisions concerning facts constituting an offense, Article 78 Subparag. 2 of the former Automobile Management Act (wholly amended by Act No. 13686, Dec. 29, 2015); Articles 71(1) (f) and 78 Subparag. 2 of the same Act (wholly amended by Act No. 13686, Dec. 29, 2015); Article 46(2)2 of the Guarantee of Automobile Compensation Insurance Act (which means operating a motor vehicle with no mandatory insurance) and each of the fines.

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 48 (1) 2 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;