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(영문) 서울중앙지방법원 2018.05.10 2018고단1241

공기호부정사용등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a motor-driven bicycle with a “B” license plate attached.

1. On May 2017, the Defendant violated the Automobile Management Act and the illegal use of air, and the Defendant unlawfully used the official sign by attaching the “B” registration number plate to the motor bicycle for the “B” bicycle owned by the said company to be used on the motor device owned by the Defendant on the road in front of Jongno-gu Seoul Metropolitan City C building, for the purpose of exercising on the motor vehicle bicycle for the “Darown” motor device (hereinafter referred to as the “B”) owned by the Defendant.

2. On February 8, 2018, the Defendant, as indicated in the foregoing paragraph 1, exercised an air defense that was unlawfully used by operating a motor bicycle with “B” registration number plate by lending it to F and allowing it to drive.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Voluntary accompanying reports and application of statutes governing field photographs;

1. Article 238 (1) of the Criminal Act relevant to the crime; Article 78 subparagraph 2 of the Automobile Management Act; Article 71 (1) of the Automobile Management Act; Article 238 (2) and Article 238 (1) of the Criminal Act concerning the crime;

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

1. Selection of imprisonment with prison labor for a violation of the Motor Vehicle Management Act;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act are against the accused’s acknowledgement of facts charged.

The defendant is the first offender and there are circumstances to consider the circumstances of the crime.

In addition, the defendant's age, sex, environment, motive and result of the crime, circumstances after the crime, etc. shall be determined by comprehensively taking into account the various sentencing conditions shown in the arguments in this case.