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(영문) 서울중앙지방법원 2016.04.27 2016고단815
자동차관리법위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 24, 2016, the Defendant violated the Guarantee of Automobile Compensation and the Road Traffic Act (Non-licenseless Driving) driving of the BMW 520d car without a driver’s license in the section of approximately 35 km from around 11:1 to 227 near the Gyeonggi-gu Kimpo-si Kim Jong-si, Seoul, Seocho-gu, Seoul, to approximately 61-gil 178, to the elementary school near the Seocho-gu, Seocho-gu, Seoul.

2. A motor vehicle dealer who violates the Motor Vehicle Management Act shall have the front registration number plate kept by the motor vehicle trade association or the head of a Si/Gun/Gu, while no one shall unlawfully use the motor vehicle registration number plate;

Nevertheless, the Defendant works for the car trade of “D” in Gangseo-gu Seoul Metropolitan Government, and operated the registration number plate unlawfully by attaching the front registration number plate of BMW 520d car, which is a car for sale presented at the said place of business, as described in paragraph 1, without having the automobile trade association or the head of Si/Gun/Gu keep it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of control and report on the situation of driving without a license;

1. Inquiry into (B) and Mandatory Insurance (B)

1. Application of enforcement photographs and Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 78 subparagraph 2, 71 (1) (illegal use of the registration number plate) of the Automobile Management Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and selection of fines, respectively;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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