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(영문) 서울남부지방법원 2014.11.27 2014고단3929

공기호부정사용등

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 2014, the Defendant: (a) arbitrarily attached B number plates at the construction site of a newly-built apartment near the 612 west-dong, Mapo-gu, Mapo-gu, Seoul; and (b) on a motorcycle 100 motorcycle.

Accordingly, the defendant used air router number plates for the purpose of exercising.

2. From July 2014 to September 23, 2014, the Defendant: (a) operated the instant CITI100 motorcycle and exercised the license plate attached to the air gate, which was illegally used, as described in paragraph (1), from July 23, 2014, to September 25, 2014; and (b) around 71:25, Gangseo-gu, Seoul, to the front road of the Gangseo-gu Hospital.

3. On September 23, 2014, the Defendant driven the above CIT100 motorcycle at a distance of about 2 km from the front of the apartment complex of the Gangseo-gu Seoul Gangseo-gu, Gangseo-gu, Seoul to the front of the 712 Gangseo-gu, Yangyang-ro, Gangseo-gu, Seoul, while under the influence of alcohol by 0.167% without obtaining a driver’s license on September 23, 2014.

4. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the said CIT 100 motorcycle, which was possessed by the Defendant, who did not subscribe to mandatory insurance at the same time and place as indicated in the foregoing paragraph (3).

Summary of Evidence

1. Defendant's legal statement;

1. Report of internal investigation (A's application of the Ra mark official formula to the measured values of drinking alcohol);

1. The actual survey report on traffic accidents;

1. The circumstantial report of an employee;

1. Notification of the operation of an unqualified motor vehicle;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to photographs of motorcycles;

1. Article 238 (1) and (2) of the Criminal Act for the crime; Article 148-2 (2) 2, Article 44 (1), subparagraph 2, and Article 43 of the Road Traffic Act; Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. The punishment shall be imposed for a violation of the Road Traffic Act or the Guarantee of Automobile Accident Compensation Act;