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(영문) 서울중앙지방법원 2015.11.04 2015고단5160
공기호부정사용등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On March 20, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license. On March 20, 2015, around 10:10, the Defendant driving a two-wheeled automobile from the front day of Seodaemun-gu Seoul, Seodaemun-gu to the front day of the Seoul Central District Office, in approximately 6 kilometers in the two-wheeled vehicle from around 3:0 to the front day

2. The accused in violation of the Guarantee of Automobile Accident Compensation Act shall not operate any motor vehicle as a holder of the above two-wheeled motor vehicle, or any motor vehicle which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the two-wheeled automobile that was not covered by mandatory insurance at the same time and place as the above Paragraph (1).

3. On March 2015, the Defendant violated the Automobile Management Act: (a) attached a two-wheeled automobile number plate for the purpose of exercising C/C number plates received from the branchr on the two-wheeled automobile at the repair center where the trade name in Seodaemun-gu Seoul is unknown; (b) used the two-wheeled automobile number plate unlawfully; (c) used the two-wheeled automobile number plate unlawfully; and (d) used the two-wheeled automobile number plate unlawfully; and (d) used the two-wheeled automobile number plate unlawfully by operating the said two-wheeled automobile at the same time and at the same place as the above paragraph (1)

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the situation of operation without a license;

1. A certificate of the disuse of a two-wheeled motor vehicle, or a certificate of transfer of two wheels;

1. Seizure records;

1. Photographs of a cruise vehicle;

1. Mandatory insurance policies;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Article 152 subparagraph 2 of the relevant Act on Criminal facts and Articles 152 and 43 of the Road Traffic Act, Article 46 (2), the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 238 (1) and (2) of the Criminal Act (which means the unlawful use of air defense and the unlawful use of air), Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act (which means the unlawful use of a registration license plate, the selection of fines), Article 46 (2), the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the choice of imprisonment);

1. The Commercial Concurrent Crimes Act.

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