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(영문) 서울남부지방법원 2018.05.02 2017고단5966
자동차관리법위반등
Text

A defendant shall be punished by a fine of 400,000 won.

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

Reasons

Punishment of the crime

No person shall use a motor vehicle number plate unlawfully.

On September 25, 2017, the Defendant attached C/C number plates 100 Orala, which were in the custody of c/C, at the Oralba used before towing in Yangcheon-gu Seoul, his/her own place of residence, to the c/C number plates 100 Orala, and the same year.

9. Around 17:00, around 26.17:00, a car number plate was used unlawfully by operating it on the frontway of Yangcheon-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A report on detection of an offender;

1. Application of statutes on field photographs;

1. Article 78 of the relevant Act and Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act concerning criminal facts, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Of the facts charged in the instant case, the summary of the charge of violation of the Guarantee of Automobile Compensation in violation of Article 334(1) of the Criminal Procedure Act is as follows: “The Defendant operated a motor vehicle with a motor vehicle number plate unlawfully used as stated in the facts stated in the judgment that was not covered by mandatory insurance on September 26, 2017,” and according to the records, as to the facts charged in this part, a summary order was requested on November 8, 2017 by the public prosecutor’s representative of the Seoul Southern District Public Prosecutor’s Office on March 8, 2018, and the summary order was issued on March 8, 2018 by the Seoul Southern District Court Decision 2017Da14985, which was a fine of KRW 300,000,000, which became final and conclusive after the summary order was issued.

Thus, this part of the public prosecution constitutes a final and conclusive judgment, and thus, the defendant is acquitted in accordance with Article 326 subparagraph 1 of the Criminal Procedure Act.

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