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(영문) 서울중앙지방법원 2019.07.18 2019고단2339
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six 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

1. No one who violates the Automobile Management Act shall unlawfully use a two-wheeled automobile number plate under the Automobile Management Act;

Nevertheless, around October 10, 2018, the Defendant arbitrarily removed the two-wheeled automobile number plate attached to the Defendant’s 97.1c. motorcycle owned by the Defendant for the purpose of exercising the right in the vicinity of the Defendant’s residence located in Seoul Jung-gu, Seoul, and affixed it on the front side of the CA110B motorcycle purchased by the Defendant.

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

2. No person shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated a motor bicycle of CA110B from October 10, 2018 to February 21, 2019, which was not covered by mandatory insurance, in front of the Seoul Jung-gu and Jongno-gu Seoul.

In this respect, the defendant exercised the marks of public offices illegally used, and at the same time operated cars not covered by mandatory insurance on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the next time making on-site photographs, records of seizure, list of seizure, pictures of a registration number plate, mandatory insurance, and the next time inquiry;

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

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act and Articles 40 and 50 of the Automobile Management Act and Articles 40 and 50 of the Motor Vehicle Management Act with heavy punishment between crimes of violating the Automobile Management Act.

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