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(영문) 광주지방법원 2017.01.13 2016고단5098
자동차손해배상보장법위반등
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That 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. On February 2, 2014, the Defendant in violation of the Automobile Management Act, unlawful use of air defense, and the unlawful use of air defense event of Gwangju-gu, Seo-gu, Gwangju-gu, the Defendant purchased the otoba in Seo-gu, Gwangju-gu, and attached the F registration number plate in the name E to the above oba, through an irregular employee working at that place, and around September 17:10, 2016, operated the oba on which the above registration number plate was attached to the front of the apartment road of Geumho-dong, Seo-gu, Seo-gu, Gwangju-gu.

As a result, the Defendant used the registration number plate in air for the purpose of exercising the right, and used the registration number plate in accordance with the Automobile Management Act unlawfully, and used the illegally used air.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, without purchasing mandatory insurance from February 2014 to September 12, 2016, operated an Oral Ba, which attached the F-registration number plate as above, on the roads in the Gwangju Metropolitan City, Gwangju Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A written E (person who has his/her number plate registered);

1. Reporting on investigation (purchasing a suspect, two-wheeled motor vehicle, and attachment number plate), and reporting on traffic accidents;

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

1. Article 238 (1) of the Criminal Act of the relevant Act on the facts constituting an offense (the point of unlawful use of official marks), Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) (the point of unlawful use of two-wheeled automobile number plates) of the Automobile Management Act, Article 238 (2) and Article 238 (1) of the Criminal Act (including the point of exercising illegal use air defense), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (including the point of operating automobiles which are not mandatory insurance, including the point of operating automobiles which are not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crime of unlawful use of public marks and the crime of violation of the Automobile Management Act, and the punishment imposed on a crime of violation of the Motor Vehicle Management Act of which punishment is heavier);

1. Selection of imprisonment with prison labor for a violation of the Motor Vehicle Management Act, and the guarantee of automobile damage compensation;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.

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