beta
(영문) 전주지방법원 정읍지원 2018.05.29 2018고단30

공기호부정사용등

Text

The punishment of the accused shall be four months by imprisonment.

except that the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 2014, the Defendant illegally used air defense, which was removed from the registration number plate previously registered at the dwelling end of the Defendant located in the front Eup/Eup/Myeon, was affixed to the registration number plate that the Defendant purchased with a strong height on the part of the Defendant.

Accordingly, the defendant used the official symbol for the purpose of exercising the right.

2. On November 29, 2017, the Defendant, at around 14:25, operated Lone Star with unregistered registration number plates attached, as described in paragraph 1, at approximately 10km section from the front of the Defendant’s residence in the front of the Eup/Eup/Eup/Myeon, to the front of the 2 industrial complex street located in the 746 Northwest Industrial Complex in the same city.

Accordingly, the defendant exercised the illegally used air defense.

3. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

The Defendant operated Lone Star who was not covered by mandatory insurance at the time and place specified in paragraph 2, as stated in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Registers of mandatory insurance and two-wheeled motor vehicles;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Article 238 (1) of the Criminal Act (Unlawful Use of Official Marks), Article 238 (2) of the Criminal Act (the point of exercising the defense of illegally used air), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 (the point of not mandatory insurance and the choice of imprisonment) of the same Act concerning criminal facts;

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 sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence is to be determined by comprehensively taking account of various factors of sentencing, including the content and circumstances of the instant crime, the circumstances after the crime, the attitude of the Defendant against the crime, the age, occupation, criminal record, health status, environment, etc.