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(영문) 춘천지방법원 강릉지원 2020.06.11 2020고단261

자동차관리법위반등

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No one who violates the Automobile Management Act and uses a two-wheeled automobile number plate illegally under the Automobile Management Act shall be used unlawfully;

Nevertheless, around the spring of 2013, the Defendant removed the number plate of two-wheeled Automobile CT100 reported for theft at the residence located in Gangnam-si B, and attached it to the two-wheeled Automobile (motor vehicle number D) without registration owned by the Defendant.

Accordingly, the defendant violated the Automobile Management Act at the same time when he unlawfully uses a two-wheeled automobile number plate which is air defense.

2. On January 25, 2020, the Defendant operated a two-wheeled automobile as set forth in paragraph (1) which attached a three-wheeled automobile number plate, as described in paragraph (1), on the front road of Gangseo-si around 12:29.

Accordingly, the defendant exercised the illegally used air defense.

3. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road where mandatory insurance is not subscribed;

Nevertheless, the Defendant operated a two-wheeled automobile as stated in Paragraph (1) that was not covered by mandatory insurance at the same time and place as stated in Paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Reporting on the occurrence of a traffic accident and field photographs;

1. Mandatory insurance policies;

1. Photographss attached to a license plate, C Obiopio photographs;

1. Requests for cooperation in investigation affairs, replys to request for investigation, and the application of statutes governing requests for investigation;

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

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the crimes of unlawful use of air, the crimes of violating the Automobile Management Act, and the punishment imposed on a crime of violating the Motor Vehicle Management Act of which punishment is heavier);

1. Selection of penalty;