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(영문) 서울중앙지방법원 2020.09.24 2020고단5044

공기호부정사용등

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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. No person who violates the Automobile Management Act shall forge, alter or unlawfully use a two-wheeled automobile number plate, etc. under the Motor Vehicle Management Act;

On May 2020, the Defendant removed a “C” number plate attached to a two-wheeled vehicle that the Defendant had previously owned at the residence of the Defendant in Seongbuk-gu Seoul, Seoul, from May 202, 5, and attached on a two-wheeled vehicle VL125D (motor vehicle number : D) purchased at the center of the Defendant.

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

2. From May 2020 to July 13:25, 2020, the Defendant exercised the number plate of two-wheeled automobile, which is an air unit with “C” attached a two-wheeled automobile number plate, by operating a two-wheeled automobile number plate, as described in paragraph 1, at the jurisdiction of the city in Seoul, from May 2020 to July 13:25, 2020.

3. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road where mandatory insurance is not subscribed;

Nevertheless, around 13:25 on July 7, 2020, the Defendant operated a two-wheeled automobile, which was not covered by mandatory insurance on the roads near Jung-gu, Seoul, Jung-gu.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's protocol of seizure of suspect examination of the defendant's suspect to the prosecution's statement;

1. Article 78 subparagraph 2 of the relevant Act of the Automobile Management Act, Article 71 (1) of the Motor Vehicle Management Act, Article 238 (1) of the Criminal Act, Article 238 (2) and Article 238 (1) of the Criminal 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 concerning facts constituting an offense;

1. The crime of violation of Article 40 and Article 50 of the Criminal Act (the crime of violating the Automobile Management Act and the crime of illegally using air, and the punishment prescribed by the crime of violating the Motor Vehicle Management Act with heavier punishment) is committed.