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(영문) 서울중앙지방법원 2017.08.30 2017고단4409

공기호부정사용등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 09:00 on April 13, 2017, the Defendant violated the Automobile Management Act: (a) attached a number plate removed from a two-wheeled vehicle already registered in front of the Defendant’s home in Jongno-gu Seoul, Jongno-gu, Seoul, to a two-wheeled vehicle of unregistered XITINGR300I purchased with the Defendant being in heavy.

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

2. On May 7, 2017, the Defendant, at around 08:18, operated a two-wheeled automobile number plate attached to the two-wheeled automobile number plate for illegal use, such as paragraph 1, on the front road of Jongno-gu Seoul Metropolitan Government D.

Accordingly, the defendant exercised the illegally used air defense.

3. No owner of a motor vehicle who has violated the Guarantee of Automobile Compensation Insurance shall operate any motor vehicle on a road which has failed to purchase mandatory insurance;

The Defendant operated a two-wheeled automobile that was not covered by mandatory insurance at the time and place of Paragraph 2, and that was registered XCITING R300I.

4. On May 7, 2017, the Defendant driving a two-wheeled vehicle without a driver’s license in the section of approximately 50 meters from May 7, 2017 to around 08:18 on May 7, 2017, the Seoul Jongno-gu Seoul Jongno-gu 400-ro to the front road of Jongno-gu Seoul Jongno-gu Do, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to inquiries into tea, driver's license ledger, mandatory insurance, and non-performance of mandatory insurance;

1. Article 238(1), Article 238(2) of the Criminal Act (the illegal use of public marks and the use of illegally used air) regarding criminal facts, Article 78 Subparag. 2, Article 71(1) of the Automobile Management Act (the illegal use of car number plates), Article 46(2)2, Article 8 of the Guarantee of Automobile Compensation Act (the use of cars with no mandatory insurance) and Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the operation of cars with no mandatory insurance).