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(영문) 서울북부지방법원 2016.08.31 2016고단1897
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who takes over a motor vehicle registered in violation of the Motor Vehicle Management Act shall file an application for the registration of transfer of the ownership of the motor vehicle with the Mayor/Do Governor, as prescribed by Presidential Decree, but the defendant received BM5 motor vehicle from his/her name in the vicinity of the Gyeonggi-do Ansan Station around March 2015 and did not file an application for the registration of transfer of the ownership

2. On November 2015, the Defendant: (a) removed two car registration number plates attached to the victim’s housing construction company’s reputation owned by the victim, which was parked at the third floor of Dobong-gu Seoul Metropolitan Government C commercial building; and (b) stolen them after paying two cars attached to the victim’s housing construction.

3. Around November 2015, the Defendant illegally used air defense, which was stolen at a place in the Dobong-gu Seoul Metropolitan Government’s non-place, attached a registration number plate to the Defendant’s MF5 car owned by the Defendant.

Accordingly, the defendant used an automobile registration number plate which is air defense for the purpose of exercising the right.

4. On February 25, 2016, the Defendant: (a) attached and operated a motor vehicle registration number plate of the motor vehicle unlawfully used in the Dobong-gu Seoul Metropolitan Government Do Fire Prevention Station; and (b) attached and operated the motor vehicle owned by the Defendant on the passenger car owned by the Defendant, as the Defendant had duly issued the registration number plate from the competent authority.

Accordingly, the defendant exercised the illegally used air defense.

5. Although the Defendant was prohibited from operating a motor vehicle which is not covered by mandatory insurance for the Guarantee of Automobile Compensation on the road, the Defendant operated the said BMF5 motor vehicle not covered by mandatory insurance from the long distance from the Dominwon-dong, Dobong-gu, Seoul, Seoul, on February 25, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Investigation report (D investigation), photographs of rocketing car registration number plates owned by the victim;

1. (B), mandatory insurance inquiry (B), inspection (D) of the automobile registration ledger, inspection (G) of the automobile registration ledger, and inspection (G) of the automobile registration ledger;

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