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(영문) 청주지방법원 충주지원 2020.07.22 2020고단272
자동차관리법위반등
Text

The punishment of the accused shall be eight months by imprisonment.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. No person who violates the Automobile Management Act or uses machinery illegally shall use an automobile registration number plate under the Automobile Management Act unlawfully;

Nevertheless, at a place where the defendant could not know about the place around 2016, the defendant attached B two-wheeled automobile number plate which was attached to the Oral Ba purchased by the defendant to the two-wheeled automobile which was not owned by the defendant.

As a result, the Defendant used the number plate of two-wheeled automobile, which is air, unlawfully and at the same time violated the Automobile Management Act.

2. At around 08:40 on February 15, 2020, the Defendant operated the two-wheeled automobile with B’s license plate attached from around approximately 200 meters to the roads in front of the E elementary school located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheong-gun, to approximately 200 meters, as described in paragraph (1).

Accordingly, the defendant exercised the illegally used air defense.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated a two-wheeled automobile as stated in Paragraph 1, which was not covered by mandatory insurance at the time and place mentioned in Paragraph 2.

4. The Defendant has driven a two-wheeled vehicle under paragraph (1) without obtaining a second-class driver's license for a two-wheeled vehicle at the time and place specified in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Inquiry into the enemy;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. A copy of a certificate of disuse of two-wheeled automobiles;

1. Application of the Acts and subordinate statutes governing stobane photographs driven by a suspect;

1. Article 78 subparagraph 2 of the Motor Vehicle Management Act, Article 71 (1) of the Motor Vehicle Management Act (Unlawful Use of Number plates of Two-wheeled Motor Vehicle), Article 238 (1) of the Criminal Act, Article 238 (2) and Article 238 (1) of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts.

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