beta
(영문) 부산지방법원 2019.01.16 2018고정1919

자동차관리법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the Automobile Management Act shall sell, arrange for the sale, give or receive, or use a forged or altered registration number plate;

Nevertheless, around 08:30 on May 29, 2018, the Defendant: (a) was placed in custody by the competent Gu office around July 14, 2015 in order to collect the Defendant’s delinquent administrative fine; (b) was operated by attaching a forged registration number plate to the Defendant’s possession of the Defendant, indicating the “D” with a private pen on a white wood plate.

Accordingly, the defendant used the forged registration number plate.

2. They shall not operate any automobile on a road which is not covered by the mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act;

Nevertheless, the defendant operated the car without mandatory insurance at the same time and place as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Mandatory insurance policies;

1. A report on investigation (on counterfeited vehicle number plates);

1. Application of Acts and subordinate statutes to the investigation report (for DNA vehicles);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act (the use of forged registration number plate), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;