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(영문) 청주지방법원 제천지원 2016.10.20 2016고단313
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for four 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

1. On July 19, 2016, around 20:56, the Defendant violated the Automobile Management Act and the Defendant used D registration license plate, a air conditioningr, while being aware of the fact that D registration license plate is unlawfully attached to the unregistered motorcycle (motor vehicle license plate C) at approximately 500 meters from the roads in front of the Hanyangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, to the front road of the same Eup.

2. The Defendant violated the Road Traffic Act (driving) and the Guarantee of Automobile Accident Compensation Act, at the time and place specified in paragraph (1), driven the said motorcycle, which was not covered by mandatory insurance, under the influence of alcohol content of 0.130%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a driver, report on the circumstances of a driver, and investigation report (verification of the chassis number);

1. Mandatory insurance policies;

1. A certificate of report on use of two-wheeled automobiles;

1. Application of the photographic 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 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 facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a violation of Automobile Management Act, crimes of unlawful use of air, and crimes of unlawful use of air, and crimes of violation of Automobile Management Act, of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes with the punishment determined for a crime of violating the Motor Vehicle Management Act of the largest punishment, but the lowest sentence of the punishment shall be the same as the punishment determined for a crime of violating the Road Traffic Act (within the scope of the sum of the long-term punishments of each of the above crimes)];

1. Discretionary mitigation;

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