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(영문) 창원지방법원 진주지원 2017.11.14 2017고단711
공기호부정사용등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 200,000 won.

If the defendant does not pay a fine, one hundred thousand won.

Reasons

Punishment of the crime

1. On August 7, 2017, the Defendant violated the Automobile Management Act by unlawful use of air, and the Automobile Management Act: Before the D cafeteria located in Jinju-si around 09:30 on August 7, 2017, the Defendant had been in custody after the previous registration, and was in custody

E Two-wheeled motor vehicle registration number plate was attached to DSS50H 49C 2.

Accordingly, the defendant used the official sign unlawfully for the purpose of exercising, and at the same time used the two-wheeled automobile number plate unlawfully.

2. The Defendant, at around 10:10 on the same day as paragraph 1, operated the instant DSS50H 49cc two-wheeled vehicle with the E-registration number plate unlawfully used as described in paragraph 1 at Jinju-si, Seoul.

Accordingly, the defendant exercised a two-wheeled automobile number plate, which is an illegal air.

3. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of a two-wheeled automobile (DS50H 49C).

The Defendant operated a two-wheeled automobile that was not covered by mandatory insurance at the same time and place as Paragraph 2.

4. Violation of the Road Traffic Act (Non-licenseless Driving) driving the DSS50H 49cc two-wheel automobiles from approximately 300 meters to the front road of the D cafeteria located in Jinju City to the road located in the same Dong in Jinju City without obtaining a driver's license for a day-to-day motor device like paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Letters;

1. A report on investigation (for two-wheeled vehicles operated at the time of committing the crime);

1. A certificate suspending the use of two-wheeled automobiles;

1. Register of two-wheeled motor vehicles;

1. A certificate of registration of the use of the two-wheeled vehicle;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 238(1) and (2) of the Criminal Act (Unlawful Use of Code), Article 78 Subparag. 2 and Article 71(1) of the Automobile Management Act (Unlawful Use of Number plates of Two-wheeled Automobiles), Article 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 (Operation of Motor Vehicles without Mandatory Insurance) of the Guarantee of Automobile Compensation Act, and Article 154 of the Road Traffic Act.

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