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(영문) 광주지방법원 순천지원 2014.08.12 2014고단289
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. No one shall forge, alter or unlawfully use a two-wheeled automobile number plate for a violation of the Automobile Management Act, or for unlawful use of air or for unlawful use of air;

Nevertheless, on March 2013, 2013, the Defendant purchased CY 100 from D, which was in custody of the previous Defendant for the purpose of exercising the right, used the two-wheeled automobile number plate attached to the CY 100 Orala, which was in custody of the previous Defendant. From around that time to August 21, 2013, the Defendant exercised the air illegally used by running CY 100 Orala, which attached the two-wheeled automobile number plate which was illegally used.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, on August 21, 2013, the Defendant operated the e-mail 100 Oral Ba, which was not covered by mandatory insurance on the front side of the Leewon-gun, North Korea-do.

Summary of Evidence

1. Defendant's legal statement;

1. Details of mandatory insurance policy data and comprehensive vehicle tax;

1. Application of the Acts and subordinate statutes for photograph explanation;

1. Relevant provisions of Article 238 (1) of the Criminal Act concerning 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 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of unlawful use of air defense and the crimes of violation of Automobile Management Act);

1. Selection of imprisonment with prison labor for a violation of the Automobile Management Act and the Guarantee of Automobile Accident Compensation Act;

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

1. The suspended execution is against Article 62(1) of the Criminal Act, and a fine of 300,000,000 won.

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