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(영문) 서울중앙지방법원 2017.06.29 2017고단3039

공기호부정사용등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 14:00 on March 29, 2016, the Defendant violated the Automobile Management Act: (a) attached BHODDA VT125B car removaled from a two-wheeled vehicle existing in the Dong-gu parking lot located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, Seoul, on the Internet, on the unregistered C Two-wheeled Motor Vehicle purchased from a person who has no name due to his/her negligence on the Internet.

Accordingly, the defendant used the official sign for the purpose of exercising it unlawfully, and at the same time used the two-wheeled automobile number plate unlawfully.

2. The Defendant had operated a two-wheeled automobile with a license plate attached to the two-wheeled automobile number plate attached from around the day of paragraph (1) to April 22:00, 2017, which was unlawfully used as above, from around the day of April 3, 2017.

Accordingly, the defendant exercised the illegally used air defense.

3. The owner of a motor vehicle in violation of the Guarantee of Automobile Compensation Act was prohibited from operating a motor vehicle on the road which was not mandatory insurance, but on April 3, 2017, the Defendant operated the said unregistered C Two-wheeled Motor Vehicle not covered by mandatory insurance on the front road located in Jongno-gu Seoul, Jongno-ro Cheongcheon-ro 345, around April 22:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol and list of seizure;

1. Each investigation report, application of each photographic statute;

1. Article 238 (1) and (2) of the Criminal Act (the occupation of an unlawful use of official marks and an event for the protection of air units), Article 78 subparagraph 2 of the Automobile Management Act, and Article 71 (1) (the occupation of an unlawful use of registration number plates) of the Automobile Management Act concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the occupation of a two-wheeled motor vehicle which is not mandatory insurance);

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

1. Selection of imprisonment with prison labor chosen;

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 suspension of execution ( normal consideration, such as confession, reflectivity, and the fact that there is no past record of punishment heavier than imprisonment without prison labor);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;