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(영문) 대구지방법원 2021.02.04 2020고단6082

공기호부정사용등

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

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

Reasons

Punishment of the crime

1. On October 2019, the Defendant illegally used air defense: (a) removed the “E” number plate from a two-wheeled vehicle (the chassis number D) that was abandoned adjacent to the convenience store located adjacent to the C located adjacent to the border-si, Busan; (b) around that time, the Defendant was placed with a view to exercising the mix purchased by the Defendant on April 2019 on the GTS125 EVO two-wheeled vehicle (the chassis number F); and (c) operated the said two-wheeled vehicle by September 14, 2020.

In this respect, the defendant used air illegally, and exercised the illegally used air defense.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the two-wheeled automobile in color GTS125EO, which was not covered by mandatory insurance at the time and place under Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Mandatory insurance inquiries and the motor vehicle registration ledger;

1. Each report on investigation;

1. A certificate for disuse of a two-wheeled motor vehicle and a certificate for transfer thereof;

1. Application of the Acts and subordinate statutes of the Orbiopia photograph

1. Relevant legal provisions concerning facts constituting an offense, Article 238 (1) of the Criminal Act (the illegal use of official marks) of the choice of punishment, Article 238 (2) and Article 238 (1) of the Criminal Act (the use of unlawful use air defense), and Article 238 (1) of the Criminal Act (the use of unlawful use), the Guarantee of Automobile Compensation (the use of mandatory insurance policy, the choice of imprisonment with labor

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

1. Article 62 (1) of the Criminal Act on the suspended execution;