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(영문) 대구지방법원 서부지원 2018.07.04 2018고단26
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person shall forge, alter, or unlawfully use a registration number plate, etc. under the Automobile Management Act, etc.;

Nevertheless, on May 3, 2013, the Defendant arbitrarily attached the registration number plate for the DF125 motor bicycle owned by the Defendant, which had been kept prior to the time of the 100 motor bicycle, at the Defendant’s house located in Gyeongbuk-gun, Sungbuk-gun, Gyeongbuk-gun, and operated the motor device “TW 100” bicycle at the front of Gyeongbuk-gun, Gyeongbuk-gun, Gyeongbuk-gun, 2017 from that time until December 3, 2017.

As a result, the defendant used the registration number plate unlawfully and used the motor motor device bicycle registration number plate which is air for the purpose of exercising at the same time, and used the motor device registration number plate which is used unlawfully.

2. On December 3, 2017, the Defendant violated the Guarantee of Automobile Compensation Act: (a) operated a bicycle for the “Si 100 motor device”, which was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. (D), inquiry into mandatory insurance (D), investigation report (Attachment to the site of the vehicle involved in the accident), application of the Acts and subordinate statutes of otoba photograph;

1. Article 78 subparag. 2 of the relevant Act on the Guarantee of Automobile Compensation for Crimes, Article 71(1) (the illegal use of a registration number plate), Article 238(1) (the illegal use of a public symbol) of the Criminal Act, Article 238(2) and Article 238(1) (the use of an unlawful use air defense) of the Criminal Act, Article 46(2)2 of the Guarantee of Automobile Compensation for Damages, and the main sentence of Article 8 (the operation of an automobile with no mandatory insurance) of the same Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment prescribed for a crime of violating the Automobile Management Act, between the crimes of violating the said Act and the crimes of unlawful use of air, and between the punishments prescribed for a crime of violating the Automobile Management Act of which punishment is heavier);

1. Violation of the Automobile Management Act, and violation of the Guarantee of Automobile Compensation.

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