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(영문) 수원지방법원 2016.05.12 2015고단5327
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On June 8, 2014, the Defendant embezzled, at around 15:00, the Defendant, at around 1856, he/she found the victim’s political nature at the shot box next to the 1856 line, and then embezzled, without following necessary procedures, he/she thought that he/she had possession, without taking necessary procedures, such as acquiring the shot, and returning it to the victim.

2. Violation of the Automobile Management Act and the Defendant illegally using air hosp car owned by the Defendant without authority for the purpose of exercising the B hosp plate and the front number plate of the freight vehicle acquired at the same time and place as above, on June 8, 2014.

Accordingly, the Defendant used a car registration number plate unlawfully and simultaneously used a public sign for the purpose of exercising it.

3. The defendant who illegally used official marks and events the same year from June 8, 2014

6. By the end of 17., from the 19.17., from the offline of Pyeongtaek-si, the car registration number plate, which is an air unit with B’s front number plate, was used unlawfully by operating the car at the offline of Pyeongtaek-si, Osan-si and Osan-si.

4. Around June 17, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) driving a C Atop car without a driver’s license in the vicinity of the house located around 915 Osan-dong, Osan-si, Osan-si.

5. The Defendant violated the Guarantee of Automobile Damage Compensation Act, as the owner of CAtop car, operated the said car without mandatory insurance at the date and place specified in paragraph 4 above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement records by public officials;

1. Detection of the exposed vehicle;

1. Seizure records;

1. The driver's license ledger;

1. Statement of comparison;

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

1. Article 360(1) of the Criminal Act of the pertinent Act on criminal facts (the embezzlement of deserted articles in possession), Article 78 Subparag. 2 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015); Article 238(1) of the Criminal Act (the denial of use of official marks).

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