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(영문) 서울북부지방법원 2019.01.18 2018고단4306

공기호부정사용등

Text

A defendant shall be punished by imprisonment for six 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. On September 6, 2018, the Defendant violated the Automobile Management Act, around September 23:0, 2018, unlawfully used the registration license plate, by attaching the registration license plate B to the Defendant’s PCX 125C motor bicycle, which was owned by the Defendant, on the street before and after a bitX 125C motor, and unlawfully used the air for the purpose of exercising at the same time.

2. For the purpose of exercising an illegal-use air defense event, the Defendant exercised the air defense that was illegally used by running approximately 4 km from the date and time indicated in paragraph (1) to September 23:59, 2018, the PCX 125C motor bicycles with the B registration license plate attached by the said method.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 238 (1) of the Criminal Act (Unlawful Use of Air Code), Article 238 (2) and (1) of the Criminal Act (Unlawful Use of Air Code) concerning facts constituting an offense, and Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act (Unlawful Use of Registration Number Plate);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of unlawful use of air defense and the crimes of violation of Automobile Management Act);

1. Selection of alternative imprisonment with prison labor (with prison labor for violating the Automobile Management Act);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act in consideration of the fact that the defendant recognizes the crime and reflects it;