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(영문) 창원지방법원 마산지원 2021.03.30 2020고단1391

공기호부정사용등

Text

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

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

Reasons

Punishment of the crime

1. On January 2019, the Defendant violated the Automobile Management Act: (a) attached the D’s registration number plate of a two-wheeled automobile to a two-wheeled automobile (VF125) that he had not been returned while scrapping another two-wheeled automobile; and (b) that he had not been able to use the two-wheeled automobile (VF125).

As a result, the Defendant used the registration number plate of two-wheeled automobile unlawfully and at the same time used it for the purpose of exercising it.

2. On October 13, 2020, the Defendant exercised the air defense that was illegally used by operating the said two-wheeled vehicle with a license plate attached to the “D” registration number plate attached to the non-reported two-wheeled vehicle, as described in paragraph (1) above, on the front of the Dong-dong located in Sin-gu, Ha-dong, Sin-gun, Sin-gun, Ha-gun, Sin-gun, Sin-gun, Sin-gun, Sin-gun, Sin-Gun.

3. No owner of an automobile who has violated the Guarantee of Automobile Compensation for Loss shall operate an automobile not covered by mandatory insurance;

Nevertheless, the Defendant operated the two-wheeled Automobile (VF125) on the road, which was not covered by mandatory insurance at the time and place of the above Paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Mandatory insurance (A);

1. Application of the relevant Acts and subordinate statutes, such as related photographs and revolvings (Evidence List No. 17);

1. Article 238 (1) of the Criminal Act applicable to the facts constituting an offense; Article 78 subparagraph 2 of the Automobile Management Act; Article 71 (1) of the Motor Vehicle Management Act (the illegal use of a two-wheeled motor vehicle license plate); Article 238 (2) and Article 238 (1) of the Criminal Act (the use of a two-wheeled motor vehicle) of the same Act; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of a motor vehicle with no mandatory insurance).

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crime of unlawful use of public marks and the crime of violating the Automobile Management Act, and the punishment imposed on a crime of violating the Motor Vehicle Management Act of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (the most punishment) of the Criminal Code for the aggravation of concurrent crimes.