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(영문) 창원지방법원 2014.07.04 2014고단891
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 2, 2014, the Defendant violated the Automobile Management Act: (a) around 15:00, the Defendant attempted to drive the Daoba operated by the Daoba, the land located in Kimhae-si B on one occasion with C’s permission from the Dooba operated by the Dooba, and (b) intended to drive the 250cc Daoba, which is displayed there; (c) when driving the Daoba without a license plate, without any license plate, would be at the control of the police; and (d) when it is anticipated that C’s vehicle number plate, which was kept in custody for disposal between the Dooba and the Haba, was attached to

Accordingly, the defendant used the marks of public offices for the purpose of exercising, and used the two-wheeled automobile number plate unlawfully.

2. Illegal-use air defense events and violation of the Road Traffic Act (unlicensed Driving) by the Defendant without obtaining a driver’s license at around 15:40 on the date stated in the above paragraph (1), and at approximately 800 meters away from the front of the said DNA to the roads adjacent to the same dong Park, the Defendant used the sign of the public office where the Defendant unlawfully used the two-wheeled 250cc two-wheel automobiles as indicated in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the law Nos. 3, 5, and 6 to the evidence list submitted by the prosecutor;

1. Relevant provisions of Article 238 (1) of the Criminal Act for criminal facts, subparagraph 2 of Article 78, Article 71 (1) of the Automobile Management Act, Article 238 (2) and Article 238 (1) of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 43 of the Road Traffic Act for non-licensed driving;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of illegally using air in the market and the crimes of violating the Automobile Management Act);

1. Selection of imprisonment with prison labor for the crime of violating the Road Traffic Act (refer to the record of a fine of three times due to driving without a license) which has been decided to choose a sentence;

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

1. The confession under Article 62 (1) of the Criminal Act and the suspension of execution shall be equal to or more than that of the Criminal Act;

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