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(영문) 광주지방법원 순천지원 2018.11.02 2018고단1398

자동차관리법위반등

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

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

Reasons

Punishment of the crime

1. On October 2017, the Defendant violated the provisions of the Automobile Management Act and the illegal use of air, and the Automobile Management Act: (a) maintained B-wheeled number plates from a farm road in front of the Sejong-si Village in order to hold them; (b) purchased at the end of October 2017 at the time of purchase at the end of the end of October 2017; and (c) unlawfully used the official sign by attaching it to the air 100 biter, an air gate, for the purpose of exercising it.

2. On May 10, 2018, the Defendant used B number plates at the entrance intersection at the entrance of the Neungsung-gun, a wind 38 Neung-ro, and exercised the air illegally used by running them in a state attached to the Defendant’s two-wheeled vehicle.

3. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not mandatory insurance;

Nevertheless, on May 10, 2018, the Defendant, at the entrance at the intersection of a community hall with the 38 water circulation path, operated a Obane with which the above B number plate was attached without being subscribed to mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on internal investigation (referring to the nominal owner of a two-wheeled motor vehicle and monetary statements);

1. A survey report on actual conditions;

1. The details of the report on the use of two-wheeled motor vehicles (B), the increase of the completion thereof, and the proposal thereof;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Article 238 (1) of the Criminal Act applicable to the facts constituting the crime (the illegal use of official marks), Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) of the Automobile Management Act (the illegal use of two-wheeled automobile number plates), Article 238 (2) and Article 238 (1) of the Criminal Act (the use of unlawful use air defense) of the same Act, 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 covered by 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 imposed on a crime of violation of the Motor Vehicle Management Act of which punishment is heavier);

1. Violation of the Automobile Management Act, which has chosen punishment;