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(영문) 서울중앙지방법원 2017.09.07 2017고단4380

공기호부정사용등

Text

A defendant shall be punished by imprisonment for four 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. In 2014, the Defendant violated the Automobile Management Act and the illegal use of air, and the violation of the Automobile Management Act attached the number plate removed from the EITI100 two wheeled in the “D” existing in Jongno-gu Seoul, Jongno-gu, Seoul, to the unregistered CA110 two wheeled automobile purchased by the Defendant.

In this respect, the defendant used the official sign for the purpose of exercising, and at the same time used the two-wheeled automobile number plate unlawfully.

2. On May 12, 2017, the Defendant, at around 10:05, operated a two-wheeled automobile number plate attached to a two-wheeled automobile number plate, which was illegally used as set forth in paragraph 1, on the front of G located in Jung-gu Seoul, Jung-gu, Seoul.

Accordingly, the defendant exercised the illegally used air defense.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. The application of the Acts and subordinate statutes of photographics, photographics, car registration number plates, photographics, and car typeic paintings at the scene of crime;

1. Article 238 (1) of the Criminal Act in relation to the facts constituting an offense (the illegal use of official marks) of the relevant Act, Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) (the illegal use of two-wheeled automobile number plates) of the Automobile Management Act, and Article 238 (2) and Article 238 (1) of the Criminal Act (the use of unlawful use air defense) of the same Act;

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

1. Selection of alternative imprisonment with prison labor (violation of the Motor Vehicle Management Act);

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 suspended execution (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 70,000 won in addition to a fine imposed on May 17, 1980 for a violation of the Road Traffic Act; Supreme Court Decision 70,000 won in addition to a fine)

1. Article 48 (1) 1 of the Criminal Act to be confiscated;