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(영문) 서울서부지방법원 2020.06.16 2019고단4147

자동차관리법위반등

Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three hundred thousand won.

If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

1. Around 14:00 on September 3, 2019, the Defendant: (a) obtained a registration license plate of a two-wheeled vehicle owned by the victim C on the front of Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government; (b) but did not take necessary procedures, such as returning it to the victim; (c) he/she thought he/she had to have.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. Around 17:00 on September 3, 2019, the Defendant violated the Automobile Management Act and illegally used the air heading, attached a two-wheeled automobile registration number plate, which was acquired as described in paragraph (1), on the front road of Yongsan-gu Seoul, Yongsan-gu, Seoul, to the unregistered COET 249C 249c two-wheeled automobile (motor vehicle number: F).

Accordingly, the Defendant used the two-wheeled automobile registration number plate unlawfully and used the air for the purpose of exercising it.

3. The Defendant used the two-wheeled automobile at his discretion from September 3, 2019 to September 02:20, 2019 to September 3, 2019, as described in paragraph (2).

Accordingly, the defendant exercised the illegally used air defense.

4. Around 02:00 on September 8, 2019, the Defendant was driving a two-class COET 249c two-wheeled vehicle without obtaining a Class 2 driver’s license from the front road of Yongsan-gu Seoul, Yongsan-gu to the front road of Jongno-gu Seoul, Seoul at approximately 02:20 on the same day.

Accordingly, the defendant driving a two-wheeled automobile without obtaining a driver's license.

5. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the two-wheeled automobile without mandatory insurance at the time and place specified in Paragraph 4.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The records of seizure and the list of seizure;