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(영문) 서울중앙지방법원 2017.10.26 2017고단5643

공기호부정사용등

Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

1. Around October 2014, the Defendant violated the Automobile Management Act, was removed from the CITI100G two-wheel automobiles already registered at the seat of the retired community service center in Jongno-gu Seoul, Jongno-gu, Seoul. Around October 2014, the Defendant attached the number plate to the CA110E two-wheel automobiles purchased in transit by the Defendant.

Accordingly, the Defendant used the number plate of two-wheeled automobile, air, for the purpose of exercising the right.

2. On July 27, 2017, the Defendant was operating a two-wheeled CA110E two-wheeled vehicle, which attached a two-wheeled vehicle number plate, which was illegally used on the front of the entrance road No. 358, located in Jongno-gu Seoul, Jongno-gu, Seoul, at around 15:40 on July 27, 2017.

Accordingly, the defendant exercised the illegally used air defense.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to voluntary accompanying reports, photographs of two-wheeled motor vehicles, records of seizure, list of seizure, and list of teas;

1. Article 238(1) of the Criminal Act in relation to the facts constituting an offense (the illegal use of official marks), Article 238(2) and Article 238(1) of the Criminal Act (the occupation of exercising an unlawful air defense) and Article 78 Subparag. 2 and Article 71(1) of the former Automobile Management Act (Act No. 12146, Jul. 1, 2014);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crime of unlawful use of public marks and the crime of violation of the Automobile Management Act, and the punishment prescribed for a crime of violation of the Motor Vehicle Management Act of which punishment is more severe);

1. Selection of imprisonment with prison labor for a violation of the Motor Vehicle Management Act;

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 59(1) of the Criminal Act (amended by Act No. 3 months) of the suspended sentence (amended by Act No. 59): Article 59(1) of the Criminal Act (amended by Act No. 1010, Mar. 1, 201); Article 59(1) of the same Act (amended by Act No. 1010, Mar. 1, 201) provides that the act of removing a license plate and attaching a license plate in the process of purchasing a two-wheeled motor vehicle, which is being used for the first time,