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(영문) 서울북부지방법원 2017.12.20 2017고단3918

공기호부정사용등

Text

A defendant shall be punished by imprisonment with prison labor for four 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

In around 1989, the Defendant purchased one two-wheeled automobile at a Buddhist area in Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as Dongdaemun-gu), reported the use to the Dongdaemun-gu Office, and then used the two-wheeled automobile number plate after being assigned the two-wheeled automobile number plate. In around 1990, the Defendant scrapped the two-wheeled automobile and kept the number plate in the house after removing it.

1. Around 16:00 on August 4, 2017, the Defendant violated the Automobile Management Act and illegally used air hosing, attached the above “C” number plate to a two-wheeled automobile without a license plate owned by the Defendant in front of his own house located in Jung-gu Seoul, Jung-gu, Seoul.

Accordingly, the Defendant used the number plate of two-wheeled automobile unlawfully and simultaneously used the official sign for the purpose of exercising it.

2. On August 7, 2017, around 14:10 on August 7, 2017, the Defendant exercised the air defense that was unlawfully used by operating the said DaY125 DaYAR two-wheeled vehicle with the number plate attached, as described in paragraph 1, at a section of approximately 700 meters up to approximately 700 meters prior to 951 of the same Si, Jung-gu, Seoul.

3. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) was a person holding a two-wheeled automobile, and operated the two-wheeled automobile at the same time and place as paragraph (2).

Summary of Evidence

1. Statement by the defendant in court;

1. Certificates of transfer of two-wheeled automobiles;

1. A certificate for disuse of a two-wheeled motor vehicle;

1. Responses to a request for business cooperation;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Article 78 subparag. 2 and Article 71(1) of the relevant Act on the Management of Motor Vehicles, Article 238(1) of the Criminal Act, Article 238(2) and Article 238(1) of the Criminal Act, Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that there is no criminal record against the defendant, and the age, sex, intelligence and environment of the defendant, and crimes are committed.