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(영문) 수원지방법원 2018.10.26 2018고단4514

자동차관리법위반등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 6, 2018, the Defendant: (a) removed and stolen a “D” number plate set up by the victim C in the virtue light-based parking lot located in 135-8, Sejong-si, Suwon-si, Suwon-si, 17:00.

2. On June 7, 2018, the Defendant violated the Automobile Management Act, at around 02:0, the number plate of the two-wheeled YF-R3) was attached as if he were duly given a stolen number plate as described in the above paragraph (1), and used the official sign unlawfully and at the same time the two-wheeled wheeler’s number plate was used for the purpose of exercising the stolen number plate as described in the above paragraph (1).

3. From 02:00 on June 7, 2018 to 09:50 on June 25, 2018, the Defendant exercised the air of the above Oral Sea (YZF-R3) with a number plate attached, as described in the above paragraph (2), at the right line of Suwon-si and the right line of arms located in Suwon-si from 02:0 to 09:50 on June 25, 2018, where approximately 10 times operated and used illegally.

4. The Defendant violated the Guarantee of Automobile Compensation Act operated the above Oral YF-R3 (YZF-R3) without purchasing mandatory insurance at the time, place, and time and place mentioned in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Photographs of vehicle number plates;

1. Making teas;

1. Notification of detection of an unqualified motor vehicle;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 329 of the relevant Act on the crime: Article 329 of the Criminal Act; Article 238 (1) of the Criminal Act; Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act (the illegal use of a two-wheeled motor vehicle license plate); Article 238 (2) and Article 238 (1) of the Criminal Act (the use of a two-wheeled motor vehicle) concerning the crime; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of a motor vehicle which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crime of unlawful use of public marks and the crime of violation of the Automobile Management Act, and the punishment prescribed for a crime of violation of the Automobile Management Act of which punishment is larger);

1. A crime of selective larceny of punishment, or violation of the Automobile Management Act;