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(영문) 청주지방법원 2018.05.16 2017고단18

공기호부정사용등

Text

A defendant shall be punished by imprisonment for six 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 August 5, 2016, the Defendant purchased a registered DSS5 car from the nameless SM5 car at the front of the office of Jincheon-gun, Jincheon-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Seoul, and then ordered the above SM5 car to remove the registration number plate before the above SM5 car and attach a registration number plate removed from the E-A-W-gun, which is owned by the Defendant.

From around that time to September 9, 2016, the Defendant operated a single unit of Jincheon-gun, Jincheon-gun, Jincheon-gun with a registration number plate attached to SM5 as above.

Accordingly, the defendant used an automobile registration number plate which is an air for the purpose of exercising the right, and exercised it.

2. Any person who violates the Automobile Management Act shall apply for the registration of transfer of ownership of a motor vehicle to the registration office within fifteen days from the date of purchase;

The Defendant, as described in paragraph (1) of around 22:00 on August 5, 2016, purchased DM5 car from SM5 car with a nameless SM5 car for KRW 6.7 million, but did not file an application for the registration of transfer of ownership of the said car within 15 days from the purchase without a justifiable reason.

3. On August 5, 2016, the Defendant violated the Guarantee of Automobile Compensation Act: (a) operated the said car without mandatory insurance from around 22:00 to September 21:15, 2016, on the road of Jincheon-gun, Jincheon-gun, Seoul Special Metropolitan City.

4. On August 5, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a MF5 car with a registration number plate attached on the road in Jincheon-gun, Jincheon-gun, Seocheon-gun, without obtaining a driver’s license from around 22:00 to September 21:15, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of comprehensive vehicle tax, original register of automobile registration, and detailed statements of unpaid fines for negligence;

1. Inquiry into mandatory insurance;

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

1. Article 238 of the Criminal Act applicable to the crime and Article 238(1) and (2) of the Criminal Act of the choice of punishment.