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(영문) 서울북부지방법원 2020.10.23 2019고단3596
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who operates C and Obaba D, the delivery company, Oba, the repair and sales company of Obaba in Gangnam-gu Seoul Metropolitan Government.

1. No one who violates the Automobile Management Act or uses a registration number plate illegally in air or defense shall use it unlawfully;

On April 29, 2019, the Defendant attached the registration number plate “F” acquired in an unsound manner in C operated by the Defendant located in Gangnam-gu Seoul, Gangnam-gu, Seoul, to the two-wheeled vehicle of 110 c and 108 c and c.

Accordingly, the Defendant used the registration number plate unlawfully and used the marks of public offices for the purpose of exercising it at the same time.

2. From May 10, 2019 to May 23:00, the Defendant used the instant two-wheeled automobile with the “F” registration number plate attached on the front of the Seoul Southernbuk-gu, Seoul, by having I, a delivery employee of the Defendant drive the said two-wheeled automobile.

Accordingly, the defendant exercised the marks of public offices that were unlawfully used.

3. Nevertheless, at around May 10, 2019, the Defendant operated the said two-wheeled vehicle, which was not covered by mandatory insurance on the road in front of the Seoul Northern-gu Seoul Northern-gu, by having I, a delivery employee of the Defendant, drive the said two-wheeled vehicle on the road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of an offender;

1. A written statement of vehicle operation;

1. Photographs of the control vehicle;

1. Application of each register of two-wheeled automobiles, each report on the disuse of two-wheeled automobiles, each report on the use of two-wheeled automobiles, each certificate of manufacture of two-wheeled automobiles, certificate of completion of use of two-wheeled automobiles,

1. Article 78 subparagraph 2 of the relevant Act, Article 71 (1) of the Automobile Management Act (the illegal use of a registration number plate) regarding criminal facts, and Article 238 (1) air of the Criminal Act.

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