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(영문) 대구지방법원 2013.07.18 2013고단2713

자동차관리법위반등

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

1. On April 18, 2012, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated BM520 automobiles with no mandatory insurance from around 19:00 to around 14:30 on March 7, 2013, where the Daegu City Council member was not subscribed to the mandatory insurance.

2. The Defendant violated the Automobile Management Act without registering the said car in the register of automobiles from May 16, 2012 to March 14:30, 2013.

3. Around March 14:30, 2013, the Defendant driven the said vehicle without obtaining a driver’s license for a section of about 25 km from the Bridge to the front of the mobilization ridge restaurant located in the Dong-gu, Daegu-gu, Daegu-do.

4. The Defendant’s unlawful uttering of official document was required to present a driver’s license on the slope C belonging to the Daegu East Police Station while parking the said vehicle in front of the above temporary mobilization cafeteria.

The defendant presented the first class of the defendant's ordinary driver's license under the name of the director of the Daegu Provincial Police Agency, which is an official document in possession, as if the defendant was the defendant's driver's license.

Accordingly, the defendant did not use official documents.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Records of seizure and the list of seizure;

1. Investigation report (Attachment to the Motor Vehicle Register);

1. An investigation report (to hear statements from a traffic control police officer);

1. Driver's license;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 46 (2), 8 (main sentence) of the Guarantee of Automobile Accident Compensation Act, Article 80 (1) and 5 of the Automobile Management Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, Article 230 of the Criminal Act, Article 230 of the Criminal Act, each choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act.