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(영문) 서울중앙지방법원 2017.12.06 2017고단6757

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. On May 2017, the Defendant violated the Automobile Management Act and the illegal use of air, the Defendant unlawfully used the automobile registration number plate for the purpose of using the automobile registration number plate (E) attached to the ES125 motor bicycle (motor number D) that was not reported SL125 motor device (motor number D) owned by the Defendant in Seongdong-gu Seoul, Seongdong-gu.

2. From the beginning of May 2017 to September 18:06, 2017, the Defendant: (a) attached the registration number plate (E) of a motor vehicle for the ES125 motor bicycle on a bicycle, as described in paragraph (1), and exercised the registration number plate of a motor vehicle unlawfully used by operating the bicycle at a distance of approximately 100 km in Seoul Jongno-gu and Sungdong-gu, Jongno-gu.

3. The Defendant in violation of the Guarantee of Automobile Damage is a holder of a bicycle riding machine (a chassis number: D).

On September 17, 2017, the owner of a motor vehicle is prohibited from operating a motor vehicle on the road without mandatory insurance, but the defendant operated the above SL125 bicycle in front of the Jongno-gu Seoul, Jongno-gu, Seoul with no mandatory insurance policy.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Inquiry into mandatory insurance;

1. Application of photographic Acts and subordinate statutes, such as motor system bicycle, registration number plate, etc.;

1. Article 238 (1) and (2) of the Criminal Act (the occupation of an unlawful use of official marks and an event for the protection of air units), Article 78 subparagraph 2 of the Automobile Management Act, and Article 71 (1) (the occupation of an unlawful use of registration number plates) of the Automobile Management Act concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the occupation of a two-wheeled motor vehicle which is not mandatory insurance);

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

1. Selection of imprisonment with prison labor for a violation of the Motor Vehicle Management Act, and the guarantee of automobile damage compensation;

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. The Criminal Act, the suspension of execution;