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(영문) 청주지방법원 제천지원 2015.09.03 2015고단247
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant had already abolished the instant two-wheeled 1520cc wing 1520cc wing and was unable to normally operate the instant two-wheeled wing 2, and the Defendant was in mind to use the instant two-way wing wing 1520cc wing 2.

1. Around 10:00 on March 27, 2015, the Defendant violated the Automobile Management Act: (a) removed a registration license plate from the Defendant’s wife in the Defendant’s residential premises located in Ischeon-si, E 50C wing wing and attaching it to the instant wing wing wing.

2. On March 27, 2015, the Defendant, without obtaining a driving license, driven the instant wing wing wing wing wing and exercising the illegally used air wing wing wing wing at the same time, as described in paragraph (1), from the place specified in paragraph (1) to the front road of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, without obtaining a driving license, at around 1:30, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Certificate of disuse of a two-wheeled motor vehicle, certificate of completion of report on use of a two-wheeled motor vehicle, inquiry into the license ledger and inquiry;

1. Records of seizure and the list of seizure;

1. Application of related Acts and subordinate statutes;

1. Article 78 subparagraph 2 of the relevant Act, Article 71 (1) of the Automobile Management Act (Unlawful Use of Registration Number Plate), Article 238 (2) and (1) of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of unlawful use air defense and the crimes of violation of the Road Traffic Act, and the punishment imposed on the crimes of unlawful use air defense with heavier punishment);

1. Selection of imprisonment with prison labor for a violation of the Automobile Management Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) are different.

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