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(영문) 대전지방법원 2018.09.28 2017고단2927
자동차관리법위반등
Text

Defendant shall be punished by imprisonment for up to eight months and by a fine of up to 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On May 2017, the Defendant violated the provisions of the Automobile Management Act by illegally using air and unlawfully, and illegally using the number plate of two-wheeled motor vehicle, which is air, for the purpose of using it on a two-wheeled motor vehicle, which was kept by the Defendant, by using it on a two-wheeled motor vehicle number plate from a person who cannot be known at a place where it is unknown at a place where it is not known.

2. On June 26, 2017, the Defendant, without obtaining a driver’s license from around 11:05 on June 26, 2017, exercised the air units unlawfully used, i.e., a two-wheeled vehicle with approximately 300 meters of a two-wheeled vehicle number plate attached from around 15, Seo-gu, Seo-gu, Seo-gu, Seodong, Seo-gu, Seo-gu, 1,000 to the front road.

3. Defendant 1 operated the motor bicycle without obtaining a motor device bicycle license at the same time and at the same place as above 2.

4. The Defendant violated the Guarantee of Automobile Compensation Act, who owned the above two-wheeled automobile, operated the said two-wheeled automobile without mandatory insurance at the same time and place as the above two-wheeled automobile.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of control manual);

1. Article 78 subparagraph 2 of the relevant Act, Article 71 (1) of the Automobile Management Act, Article 238 (1) of the Criminal Act, Article 238 (2) and Article 238 (1) of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crimes of violating the Automobile Management Act and the crimes of unlawful use of air, and the punishment imposed on the crimes of violating the Motor Vehicle Management Act, which are heavier than punishment).

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