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(영문) 춘천지방법원 강릉지원 2016.06.23 2016고단475
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Notwithstanding the fact that the motor vehicle registration number plate and its sealing in violation of the Motor Vehicle Management Act are not detached, except where permission is obtained from the Mayor/Do Governor or where special provisions exist in other Acts, the defendant is not owned by the defendant on March 16, 2016 in the vicinity of his/her residence near the road located in the East Sea as of March 13:30 in the East Sea;

GV250 C. The registration number plate of two-wheeled Motor Vehicle was removed without permission.

2. The Defendant: (a) placed a car registration number plate removed as described in paragraph (1) at the time and place specified in paragraph (1); and (b) placed the car registration number plate on a two-wheeled wing GL1800, and operated the car.

Accordingly, the defendant used an automobile registration number plate which is an air for the purpose of exercising the right, and exercised it.

3. The Defendant violated the Road Traffic Act (unlicensed Driving) operated a mixed wing GL1800 two-wheeled vehicle without obtaining a two-wheeled vehicle driver’s license within approximately 150 meters from the Defendant’s residential road near the Defendant’s residential area located in B in the East East Sea to the D post office located in B at the same time on the day specified in paragraph (1).

4. The owner of a motor vehicle violating the Guarantee of Automobile Compensation Act was prohibited from operating a motor vehicle not covered by mandatory insurance. However, the Defendant owned a mixed wing GL1800 two-wheel motor vehicle, and operated the said motor vehicle on March 16, 2016, from around 13:30 on the road near the Defendant’s residence located in the East Sea to the road front of the D Post Office located in B located in the East Sea.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Report on use of a two-wheeled motor vehicle, a certificate thereof, and application of statutes;

1. Article 81 Subparag. 1, Article 10(2) of the Automobile Management Act (the point of leaving the registration number plate of a motor vehicle, choice of imprisonment), Article 238(1) of the Criminal Act (the point of misappropriation of official marks) regarding criminal facts, and Articles 238(2) and 238(1) of the Criminal Act (the point of misappropriation of official marks) of the same Act.

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