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(영문) 대구지방법원 의성지원 2019.06.20 2019고단100

공기호부정사용등

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A defendant shall be punished by imprisonment for six months.

However, 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. No one who violates the Automobile Management Act and uses a two-wheeled automobile number plate illegally under the Automobile Management Act shall use it unlawfully;

On March 2019, the Defendant removed a license plate of a two-wheeled automobile for the purpose of exercising at the Defendant’s residence located in Seoul Jung-gu, Seoul, on March 2019, and attached the unregistered W125EX2 to a two-wheeled automobile purchased by the Defendant.

Accordingly, the defendant used a two-wheeled automobile number plate illegally for the purpose of exercising the right.

2. From March 10, 2019 to March 10, 2019, the Defendant operated a non-registered two-wheeled vehicle with the number plate of another two-wheeled vehicle, as described in the above paragraph (1), at the Jung-gu Seoul Jungdong-dong and Jongno-gu Seoul sublime Dong-dong.

Accordingly, the defendant exercised the illegally used air defense.

3. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

The Defendant operated two-wheeled W125EX2, which was not covered by mandatory insurance at the time and place specified in the foregoing paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. Governing photographs, certificates of completion of use of two-wheeled motor vehicles, comprehensive details of vehicles, and mandatory insurance;

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

1. Article 238 (1) of the Criminal Act for the relevant criminal facts, 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 Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the crimes of unlawful use of air, the crimes 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 penalty;