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(영문) 수원지방법원 안산지원 2019.08.29 2019고단2082

자동차관리법위반등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. No person who intends to alter structures, devices, etc. of a two-wheeled motor vehicle that violates the Motor Vehicle Management Act shall have his/her motor vehicle cleaned nor have the motor vehicle do so differently from the details approved by the head of a Si/Gun/Gu

On January 21, 2019, without obtaining the approval of the competent authority at the B Apartment Underground Parking Lot in Silung-si, the Defendant illegally filled out the noise machinery of the CSX-R1000 RA owned by the Defendant and operated it until January 21, 2019.

2. Around January 14:57, 2019, the Defendant was driving a two-wheeled automobile without obtaining a driver’s license from a B apartment underground parking lot to a place not known from the B apartment underground parking lot in Si interest cities, and from a place not known at around 2:02 on the same day to the above underground parking lot without obtaining a driver’s license from a place not known at around 2:02.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Register of two-wheeled automobiles;

1. Photographs of a two-wheeled motor vehicle owned by the suspect;

1. Certificate of report on use of two-wheeled automobiles;

1. Application of Acts and subordinate statutes to a report on investigation (CCTV image review report);

1. Article 81 subparagraph 19 of the Motor Vehicle Management Act, Articles 52 and 34 of the same Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the same Act concerning facts constituting an offense, the choice of punishment, and the choice of imprisonment, respectively;

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, among concurrent crimes, the Defendant was sentenced to imprisonment for four months with prison labor for a crime of violation of the Road Traffic Act at the Ansan District Court's Ansan Branch on November 22, 2018, and the judgment became final and conclusive on November 30, 2018. The Defendant committed each of the instant crimes during the period of the suspension of the execution, five criminal convictions due to driving under the influence of alcohol or without obtaining a license, while recognizing and opposing errors, etc.