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(영문) 인천지방법원 2016.08.18 2016고단4003
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. From May 6, 2016, at around 10:00, the Defendant: (a) removed and stolen the front number plate of the D Poter freight truck owned by the victim C, which was parked in front of the Southern-gu Incheon Metropolitan City, Incheon; (b) on May 6, 2016; (c) the Defendant violated the Automobile Management Act; (d) around 12:00 on May 17, 2016, the Defendant denied the registration number plate of D 1, which was stolen as prescribed in paragraph (1), by attaching the D Poter registration number plate to E Kax car owned by the Defendant, for the purpose of exercising it at a new global apartment parking lot located in the Nam-gu, Nam-gu, Incheon Metropolitan City.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, on May 17, 2016, the Defendant operated the EKaman car without purchasing a mandatory automobile insurance policy from the new apartment parking lot located in 858 of the Nam-gu Incheon Metropolitan City, Nam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (an investigation conducted against the owner of a vehicle number plate);

1. Article 329 of the Criminal Act (Accination of intention), Article 238 (1) of the Criminal Act (the illegal use of public sign), Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) (the illegal use of registration number plates) of the Automobile Management Act, and Article 46 (2) 2 of the Guarantee of Automobile Compensation Act (the operation of a vehicle which has not mandatory insurance) and Article 8 of the Guarantee of Automobile Compensation Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment prescribed for a crime of violating the Automobile Management Act, between the crimes of violating the said Act and the crimes of unlawful use of air, and between the punishments prescribed for a crime of violating the Automobile Management Act of which punishment is heavier);

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The crime of this case on the grounds of the observation of protection and the sentencing of Article 62-2 of the Social Service Order Act is unable to be operated by the defendant due to the unpaid amount of taxes.

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