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(영문) 대구지방법원 상주지원 2019.09.03 2019고단178
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No one shall unlawfully use a registration number plate of a motor vehicle, and shall operate any motor vehicle not covered by mandatory insurance on the road.

Around May 4, 2019, the Defendant arbitrarily attached the “D” number plate, which was fested in Oratoba, where the type of car is unknown, in Da in 2016, and operated the said Orabab, which was not mandatory insurance at approximately 60 meters from the front of the F cafeteria located in Ma in Mah City, on May 4, 2019, under the influence of alcohol content of 0.148% in blood alcohol content, on the front of the F cafeteria located in Mah City, on the front of the H road located in Mah-si.

Accordingly, the defendant used the registration number plate for air straw, and exercised the air strawing illegally used.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. Notification of the control of drinking driving;

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

1. Mandatory insurance policies;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts: Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 238 (1) of the Criminal Act; Article 238 (1) of the Criminal Act; Article 238 (2) and (1) of the Criminal Act; Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act; Article 78 subparagraph 2 of the Automobile Management Act; Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act; the main sentence of Article 8 of the Mandatory Insurance Act (the operation of an unregistered vehicle)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considerations, such as the one in which he commits an error, the one in which he scrapss an error, and the one in which he does not exist any previous one after 205);

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