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(영문) 서울중앙지방법원 2019.09.19 2019고단3529
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 23, 2018, the Defendant became aware that the two-wheeled automobile number plate (C) attached to the above motorcycle was issued to the CA110V motorcycle (motor vehicle number D) owned by another person as a person operating CITI10G motorcycle (motor vehicle number B) and the two-wheeled automobile number plate issued to the above motorcycle.

1. No person who violates the provisions of air defense unlawful use and Automobile Management Act shall unlawfully use a two-wheeled automobile number plate;

On July 23, 2018, the Defendant recognized that the two-wheeled automobile number plate attached to the Defendant’s CITI10G motorcycle was a two-wheeled automobile number plate issued for another person’s CA110V motorcycle, and that the Defendant does not have the right to use the above number plate.

Nevertheless, the Defendant continued to attach the above two-wheeled automobile number plate to his own motorcycle, and continued to attach the above number plate to his own motorcycle without authority from July 23, 2018.

Accordingly, the defendant used a two-wheeled automobile number plate for the purpose of exercising the right.

2. From July 23, 2018 to March 1, 2019, the Defendant used a 10-hour motor vehicle license plate attached to another person’s two-wheel motor vehicle license plate between Jongno-gu and Jongno-gu, Seoul, exercising an air defense for unlawful use by driving about 10 times his/her motor vehicle license plate as described in the foregoing paragraph (1).

3. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

The Defendant operated his own motor bicycle not covered by mandatory insurance at the time and place specified in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Seizure records;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant Article 238(1) of the Criminal Act (the point of unlawful use of air defense) for facts constituting an offense, and Automobile Management Act.

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