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(영문) 서울북부지방법원 2018.12.07 2018고단3719

공기호부정사용등

Text

A defendant shall be punished by imprisonment for six 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. No person shall unlawfully use the number plate of a two-wheeled motor vehicle;

On June 2018, the Defendant acquired and kept a two-wheeled vehicle in VS125cc, which is owned by the Defendant, from “C” located in Seongdong-gu Seoul Metropolitan Government for the purpose of operating a two-wheeled vehicle without any registration, at a place in an unsound manner.

D arbitrarily attached the “E” number plate in the name of the D to the two-wheeled automobile above VS125C.

Accordingly, for the purpose of exercising, the Defendant used the “E” number plate of two-wheeled automobile, which is air.

2. On June 25, 2018, the Defendant: (a) around 16:40 on June 25, 2018, at around 30 meters from the implied Dong-dong, Seoul, to the same road in front of about 849, the Defendant used the two-wheeler No. 2, a two-wheeler No. 30 meters air as described in paragraph (1) on the Defendant’s ownership, attached the “E” to the two-wheeler 2, a two-wheeler 30 meters air, which was used unlawfully; and (b) exercised the said air defense by illegally using it.

3. 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 owned by the Defendant without having subscribed to mandatory insurance at the time and place specified in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of vehicle operation;

1. A report on detection of an offender;

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

1. Investigation report (as to suspect's statement and holding number plates):

1. A report on investigation (an investigation into a license plate of a two-wheeled motor vehicle);

1. Notification of an unqualified motor vehicle;

1. Making teas;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant legal provisions of the Criminal Act, Article 238 (1) of the Criminal Act (Unlawful Use of Official Marks), Article 238 (2) and Article 238 (1) of the Criminal Act (the use of unlawful air defense) concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 (the purchase of mandatory insurance and the selection of imprisonment) of the same Act;

1. The aggravated Criminal Act for concurrent crimes.