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(영문) 서울남부지방법원 2014.11.24 2014고단3983
자동차관리법위반등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of the MSS125 NEX, exhaust displacement, etc. that is not registered.

1. Around January 2014, the Defendant violated the Automobile Management Act and the illegal use of air defense and the violation of the Automobile Management Act attached the DNA two-wheel automobile number plate, which was removed from the front of the Defendant’s house located in Guro-gu Seoul Metropolitan Government, to the above business kiki, newly purchased the D two-wheel automobile number plate.

As a result, the defendant used air illegally at the same time, and used two-wheeled automobile number plate unlawfully.

2. The Defendant at around 17:10 on September 15, 2014, operated a two-wheeled automobile number plate attached to the above Switzerland, as described in the foregoing paragraph (1), at the front of 42, Guro-gu Seoul Metropolitan Government Guro-ro 17-ro, Guro-gu, and exercised it.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act, driving the said business kiki, which was not covered by mandatory insurance, at the time and place specified in the foregoing paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Application of Acts and subordinate statutes to mandatory insurance inquiries, carphographs, and Lao photographs;

1. Article 78 subparagraph 2 of the Act on the Guarantee of Automobile Accident Compensation, Article 71 (1) of the Automobile Management Act, Article 238 (1) and (2) of the Criminal Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of Commercial Concurrent Crimes. Article 40 (Concurrent Use of Air and Violation of Automobile Management Act: Punishment prescribed for a violation of the Motor Vehicle Management Act of which punishment is heavier;

1. Selection of each sentence of imprisonment;

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the confession of a criminal act and the depth of a mistake is divided, and there is no power to commit a crime except this case, and all other circumstances such as the motive for committing a crime and the economic situation of the defendant are considered).

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