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(영문) 대전지방법원 2019.01.31 2018고단4219
자동차관리법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 19, 2018, the Defendant violated the Automobile Management Act, illegally used air defense, and illegally used air defense events: (a) attached a two-wheeled two-wheeled vehicle (motor vehicle number : E) without registration for the purpose of removing and exercising a registration license plate attached to CSCo 110 occ, which was held at the time of the Defendant’s home located in Geumsan-gun, Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-do; (b) from that time until September 19:40, 2018, the Defendant operated the two-wheeled vehicle at the time of the Defendant’s home located in Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-do.

Accordingly, the Defendant used the registration number plate unlawfully and used the public office marks for the purpose of exercising the registration number plate.

3. Around September 19:40 on September 8, 2018, the Defendant driving a two-wheeled vehicle without registration at a section of about 500 meters from the section of the same 500 meters away from the influoral area of Geumsan-gun, Chungcheongnam-gun, the level of alcohol content of which is 0.167% under the influence of alcohol.

4. No owner of any motor vehicle violating the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant, as a holder of a two-wheeled automobile that was not covered by mandatory insurance, operated the two-wheeled automobile as described in the above paragraph (3).

Summary of Evidence

1. Defendant's legal statement;

1. Each place of criminal;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Photographs photographs of the two-wheeled motor vehicles;

1. Details of the chassis and the suitable inquiry;

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

1. Article 78 subparagraph 2 of the relevant Act, Article 71(1) of the Automobile Management Act, Article 238(1) and (2) of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts.

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