logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.02.13 2014고단9685
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for not less than five 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 August 2014, the Defendant violated the Automobile Management Act, by arbitrarily removing the number plate attached to the CA100E two-wheeled “D” from the warehouse of the Do retail store located in Seongbuk-gu Seoul, Seocho-gu, Seoul, and then attaching it to the DART 124C two-wheel automobiles newly purchased, thereby denying air defense.

2. The Defendant engaged in illegal-use air defense events: (a) during the period from the beginning of August 2014 to December 2, 2014, the Defendant exercised air defenses illegally using the registered license plate by operating the DAR 124C two-wheeled vehicle, such as paragraph (1), in Seoul Jongno-gu and Seongbuk-gu Seoul, and in paragraph (1).

3. From August 2014 to December 2, 2014, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a two-wheeled automobile between Jongno-gu Seoul and Seongbuk-gu Seoul; and (b) DDATRT 124c and two-wheeled vehicle not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Records of seizure and the list of seizure;

1. Investigation report (Compulsory insurance coverage);

1. Application of the Acts and subordinate statutes to the number plate photographs and stophograph photographs;

1. Relevant provisions of Article 238 (1) and (2) of the Criminal Act concerning criminal facts; Article 78 (2) and Article 71 of the Automobile Management Act; Article 46 (2) and Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the crimes of unlawful exercise of air defense and the crimes of violating the Automobile Management Act, and the punishment prescribed for the crimes of violating the Motor Vehicle Management Act of which are severe);

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

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

arrow