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(영문) 서울북부지방법원 2016.10.06 2016고단2975

공기호부정사용등

Text

A defendant shall be punished by imprisonment for four 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 June 2016, the Defendant of the unlawful use of air defense and the unlawful use air defense event: (a) arbitrarily attached the “motor vehicle registration number B” of the motor vehicle registration number owned by the Defendant at the enclosed factory parking lot operated by the Defendant Seongbuk-gu Seoul Defendant, on the steering 125 motorcycle; and (b) from that time, the said motor bicycle was operated at the KRW of Seoul Metropolitan City by July 12, 2016.

Accordingly, the defendant used the air sign registration number plate illegally for the purpose of exercising the right, and exercised the air defense illegally used.

2. Although a person violating the Automobile Management Act was unable to unlawfully use a motor vehicle registration number, the Defendant arbitrarily attached the “B” of the motor vehicle registration number plate to the 125 motorcycle at the same time and place as above, and used the motor vehicle registration number unlawfully.

3. Although the Defendant is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance for violating the Guarantee of Automobile Accident Compensation Act, the Defendant, around July 12, 2016, had D drive a motorcycle 125 motorcycle, which is not covered by mandatory insurance on the front side of Seongbuk-gu Seoul, Seongbuk-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. A report on the detection of an offender;

1. Control note;

1. The board of policy, each mandatory insurance policy;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions of Article 238 (1) of the Criminal Act, Article 238 (2) and (1) of the Criminal Act, Article 238 (1) of the Criminal Act, Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) of the Automobile Management Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crimes of unlawful use of air, the crimes of violating the Automobile Management Act, and the punishment imposed on the crimes of violating the Motor Vehicle Management Act with heavier punishment).