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(영문) 서울중앙지방법원 2017.06.13 2017고단179
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On November 4, 2016, at around 17:00, the Defendant illegally used air defense, at C located in Jung-gu Seoul, Jung-gu, and on the newly purchased SL125c motor bicycle, he/she affixed a registration number plate removed from the motor bicycle that he/she had registered around April 11, 201.

Accordingly, the defendant used the official symbol for the purpose of exercising the right.

2. On November 5, 2016, the Defendant violated the Automobile Management Act: (a) operated a two-wheeled motor bicycle, a two-wheeled air unit, a two-wheeled air unit, as indicated in paragraph (1) around 13:42 on November 5, 2016, from the road in front of the Seoul Dongdaemun-gu 103-12, Dongdaemun-gu, Seoul, to the road in Jongno-gu, Jongno-gu, Seoul.

Accordingly, the defendant exercised the illegally used air defense, and at the same time unlawfully used two-wheeled automobile number plates.

3. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is almost a holder of the above SL125cc motors.

The Defendant operated the aforementioned SL125cc motor bicycle that was not covered by mandatory insurance at the time and place of paragraph 2.

4. The Defendant violated the Road Traffic Act (unlicensed Driving) operated the bicycle without obtaining a driver’s license at the date, time, and place set forth in paragraph 2, and without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 238 (1) of the Criminal Act (the point of unlawful use of official marks), Article 238 (2) and Article 238 (1) of the Criminal Act (the point of unlawful use air defense), Article 78 Subparag. 2 and Article 71 (1) of the Automobile Management Act (the point of unlawful use of car number plates), Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (the point of unauthorized Operation), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operation by a person who has not mandatory insurance), Article 46 (2) 2 and the main sentence of Article 8 of the Automobile Compensation Security Act (the point of operation by a person who has not bought the mandatory insurance)

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes of intent to hospit in the irregular air and the crimes of violation of the Automobile Management Act);

1. Selection of penalty;

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