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(영문) 인천지방법원 2015.06.03 2015고단1921

자동차관리법위반등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant received a successful bid in the auction for BMW 1 SY car whose number plate was lost due to a traffic accident, and accepted it at his factory, and once again, sentenced another vehicle's number plate to be affixed to the said car for the test operation.

1. On December 19, 2014, the Defendant violated the Automobile Management Act: (a) around the second factory of the D Company located in Seo-gu Incheon Metropolitan City, (b) around December 19, 201, the registration number plate was attached in front of the said BMW car for the purpose of operation; and (c) later, the two registration number plates, which are air signs, were attached to the f number plate removed from the closure car.

2. On December 19, 2014, at around 20:30 on December 20, 2014, the Defendant illegally used a motor vehicle registration number plate was attached to the second factory of a company located in Seo-gu Incheon, Seo-gu, Incheon, to the front road located in 141-ro 29, Nam-gu, Incheon, Nam-gu, Incheon, and exercised the air defense that was unlawfully used by operating the said BMW motor vehicle.

3. The defendant in violation of the Guarantee of Automobile Accident Compensation Act shall be the actual holder of the above B automobiles, and no automobile which is not covered by mandatory insurance shall be operated on the road;

Nevertheless, the defendant operated the car without mandatory insurance at the same time and place as the above 2 paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of a vehicle photograph, statement of successful tender, registration certificate, compulsory insurance contract, register of automobiles;

1. Article 78 subparagraph 2 of the relevant Act on the Guarantee of Automobile Accident Compensation and Article 71 (1) of the Automobile Management Act, Article 238 (1) of the Criminal Act, Article 238 (2) and Article 238 (1) of the Criminal Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

1. Crimes of violating the Automobile Management Act Article 40 and Article 50 of the Commercial Concurrent Crimes Act and unlawful use of air defense.