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(영문) 서울중앙지방법원 2018.02.21 2017고단8525
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for four 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. A thief Defendant was attached to a two-wheeled automobile, which is managed by the victim D, in front of Seoul Jung-gu, Seoul, and which was around September 2016.

B Detection that the registration number plate is far from the floor, and it was stolen with awareness that it was a registration number plate away from the two-wheeled vehicles.

2. At the time and place of Paragraph 1, the Defendant illegally used air and violated the Automobile Management Act attached B registration number plate which was stolen as seen above on a two-wheeled automobile model format 250CC (the chassis number E).

Accordingly, the defendant used the official sign for the purpose of exercising, and at the same time used the two-wheeled automobile number plate unlawfully.

3. Around July 2017, the Defendant: (a) had F, who was an son, operate a two-wheeled co-wheeled 250CC two-wheeled 250, which attached a registration number plate which was unlawfully used as set forth in paragraph (2); and (b) F, who is aware of the fact, operated the two-wheeled 250CC two-wheeled 250 on the front of Jongno-gu Seoul Metropolitan Government G on August 27, 2017 with the Defendant’s aid.

In this respect, the defendant let F use the illegally used air.

4. In spite of the fact that the owner of a motor vehicle violating the Guarantee of Automobile Compensation Act was prohibited from operating a motor vehicle on the road which was not mandatory insurance, the defendant, at the time and place of paragraph 3, operated a two-wheel motor vehicle owned by the defendant who was not a mandatory insurance and owned by the F, which was not a mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Police seizure records;

1. Report on internal investigation (D relative telephone communications);

1. Application of the Acts and subordinate statutes governing the check-up photographs and mandatory insurance;

1. Article 329 of the Criminal Act in relation to the facts constituting an offense (the intention of Section 329), Article 238(1) of the Criminal Act (the illegal use of official marks) and Articles 78 Subparag. 2 and 71(1) of the Automobile Management Act (the illegal use of two-wheeled automobile number plates).

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