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(영문) 대구지방법원 김천지원 2016.07.13 2016고단253
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

The defendant, while working as the place of the business office of Kucheon-si C in Kimcheon-si, exported the E-Ra car registered in the name of D on 2007, to Vietnam, and stored the above car registration number plate in his residence.

1. On January 5, 2016, the Defendant violated the Automobile Management Act, illegally used air defense, or illegally used air defense event around 15:00, around Kimcheon-si, the Defendant attached the registration number plate of the air e-mail, which was kept in the F apartment parking lot as above, to the car owned by the Defendant, and operated the said e-mail at the section of about 2 km from the said parking lot to the parking lot of Kimcheon-si Health University.

Accordingly, the defendant used a car registration number plate which is air straw, and exercised a car registration number plate which was used unlawfully.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of the said passenger car.

The Defendant operated the car in the same manner as the preceding paragraph, which was not covered by mandatory insurance at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Police seizure records;

1. The application of tea inquiry, mandatory insurance inquiry, Defendant automobile photographs, and statutes of registration certificate;

1. Article 78 subparag. 2 of the relevant Act on the Guarantee of Automobile Compensation for Criminal Facts, 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 event) of the Criminal Act, Articles 46(2)2 and 8 of the Guarantee of Automobile Compensation for Damages;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Violation of the Motor Vehicle Management Act, and choice of imprisonment with prison labor for violation of 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 suspended execution (including cases where a person commits a crime and some of the circumstances exist that may be considered in relation to the details of the crime);

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