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(영문) 서울중앙지방법원 2018.04.18 2017고단7114
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 1,00,000 won.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

[criminal history] On April 3, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Goyang Branch of the Jung-gu District Court (around 3, 2015), and completed the execution of the sentence on October 1, 2016.

[Presumption Facts] On November 26, 2010, the Defendant: (a) leased a D vehicle under the name of the Defendant’s father C; and (b) did not return the vehicle to the leased company even though his father was dead during his operation from around that time; (c) was able to anticipate the fact that the Defendant did not pay the vehicle rent more than seven times until September 201 during the period of 42 months, and was legally subject to legal measures from the automobile leasing company; and (d) was released on January 16, 2017 after having completed the execution of the inducement of a fine, and thereafter, after having been released from the Defendant’s daily expenses and the insurance premium of the Defendant, from the male son who was the head of the household who supported the Defendant’s living expenses and the insurance premium of the motor vehicle, the Defendant could not pay the insurance premium to another person unless he/she voluntarily renew the insurance contract.

[Criminal facts]

1. No person who violates the Automobile Management Act shall operate a vehicle registered with an order to suspend the operation;

Defendant operated;

D Unless a vehicle is registered to stop the operation by capital, although it is owned by the owner because the leased vehicle was not returned and the rent and late payment charge did not have been paid even though the father C of the defendant was dead by the lessee.

Nevertheless, on June 20, 2017, the Defendant operated a ladon vehicle and operated the vehicle in violation of the order to stop the operation by proceeding about 2 km from the 158-ro, Gwanak-gu, Seoul to the same e-ro, Seoul Special Metropolitan City, thereby running the vehicle.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of Dless Noona car.

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