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(영문) 서울남부지방법원 2019.09.26 2019고단2736

공기호부정사용등

Text

Defendant shall be punished by imprisonment for up to eight months and by a fine of up to 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. No person who violates the Automobile Management Act shall forge, alter, or unlawfully use an automobile registration number plate;

Nevertheless, on December 2017, the Defendant found the C registration number plate around the Defendant’s house located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, with the acquisition of the C registration number plate attached to the registration cancelled on the Defendant’s ownership, and applied the above number plate on the off-to-land, and operated the above off-to-land in Seoul, from around that time to December 27, 2017.

In order to exercise, the defendant used a motor vehicle registration number unlawfully, and exercised a motor vehicle registration number unlawfully used.

2. On December 27, 2017, the Defendant violated the Road Traffic Act (Non-licensed Driving) and the Guarantee of Automobile Accident Compensation Act (hereinafter “Non-Exclusive Motor Vehicle Accident Compensation Act”) and operated the said Oral Sea not covered by mandatory insurance at a section of about 1km from the front of the border distance in the Daegu-gu, Yeongdeungpo-gu, Seoul to the front road of the D apartment, without obtaining a motorcycle driver’s license on December 27, 2017.

As a result, the defendant driving a motor vehicle with no mandatory insurance without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the actual condition survey report, register of two-wheeled automobiles, register of driver's licenses, and mandatory insurance statutes;

1. Article 238 (1) and (2) of the Criminal Act of the relevant Act concerning criminal facts (the points of unlawful use and exercise of air defense), Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) (the point of unlawful use of a registration license plate), Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.