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(영문) 서울중앙지방법원 2016.06.08 2016고단2230

공기호부정사용등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 16:00 on January 16, 2016, the Defendant violated the Automobile Management Act: (a) attached a registration number plate removed from a two-wheeled automobile newly purchased in front of the “C” restaurant located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul; (b) DH125, which was already registered by himself/herself, on a two-wheeled automobile.

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. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of a two-wheeled automobile.

Defendant 1 operated the two-wheeled automobile, which was not covered by mandatory insurance from the front of the restaurant to the front road of the Dong Burial Station in Jongno-gu Seoul, Jongno-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to attach and report the details of inquire into mandatory insurance to the suspect's office);

1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;

1. Article 238 (1) of the Criminal Act of the relevant Act concerning the facts constituting an offense, Article 238 (1) of the same Act (the illegal use of marks), Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) (the illegal use of car number plates) of the Automobile Management Act, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of a vehicle which is not mandatory insurance);

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

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Du1168, Apr.

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation.