beta
(영문) 서울동부지방법원 2016.10.27 2016고단2374

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 May 7, 2016, at around 18:20 on May 7, 2016, the Defendant: (a) removed the front number plate of the stable cargo vehicle owned by the Defendant for the purpose of exercising it at the places on the Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul, for the purpose of uttering; and (b) attached it after the Drais car owned by C.

Accordingly, the defendant used a motor vehicle registration number plate illegally for the purpose of exercising it.

2. On May 7, 2016, the Defendant exercised the air defense that was illegally used by running the said cream car with the registration number plate attached from around 10k to around 562, from the place on which the Seocho-gu Seoul Metropolitan Government was located at the cream address, Seocho-gu, Seoul, to around 10k to 562, as prescribed in paragraph (1).

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act is a person entitled to use the said car by borrowing a D cream car from C, the owner of which.

No motor vehicle owner shall operate any motor vehicle on the road on which mandatory insurance is not subscribed.

Nevertheless, the Defendant operated the said car without mandatory insurance, such as Paragraph 2, at the time and place specified in Paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to field photographs, seizure records, mandatory insurance inquiries and investigation reports;

1. Relevant Article 238 (1) of the Criminal Act, Articles 238 (1) of the Criminal Act, Article 238 (2) and (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 Act on Guarantee of Automobile Accident Compensation (the point of operating cars not covered by mandatory insurance, and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Considerations that the defendant reflects the error and that there is no previous error);

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