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(영문) 부산지방법원 동부지원 2020.06.04 2020고단524
공기호부정사용등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Around September 6, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven a registered CT110 Oral Sea (less, 125cc or less) without obtaining a motorcycle driver’s license from the front side of C in Busan-gu, Busan-do to the front side of D.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of the above CT110 Oral Ba.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant was driving the above CT110 Oral Ba, which was not covered by mandatory insurance at the time and place mentioned in paragraph (1).

3. On January 2017, the Defendant found the registration number plate of a two-wheeled motor vehicle reported to be closed for use on January 29, 2008 at C office located in Busan Southern-gu, Busan-gu, and for the purpose of using it, arbitrarily attached to the Defendant’s above CT110 oba, and driving the above oba at the date and time and place specified in paragraph (1).

Accordingly, the defendant used the registration number plate of two-wheeled automobile for the purpose of exercising the right, and exercised the illegally used air.

Summary of Evidence

1. Defendant's legal statement;

1. The register of driver's licenses for tea and cars;

1. The number, picture and photograph of the vehicles with the wheels, notification of the generation of unregistered wheeled motor vehicles, and replies to the request for cooperation in business;

1. Application of Acts and subordinate statutes to a report on investigation (whether a motor vehicle with a wheels is registered, etc.);

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act (the point of driving without a license, the selection of fines), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of driving with a mandatory insurance, the point of choice of imprisonment), Article 238 (1) of the Criminal Act (the point of unlawful use of air defense) and Article 283 (2) and (1) of the Criminal Act (the point of exercising unlawful air defense) of the same Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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