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(영문) 서울중앙지방법원 2021.03.24 2021고단34

공기호부정사용등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 7, 2020, the Defendant violated the Automobile Management Act and the illegal use of air, and the Automobile Management Act: (a) arbitrarily attached the “D” number plate of the two-wheeled automobile “PMAVERA 125 ABS” operated by the Defendant in the existing apartment underground parking lot located in Seoul Special Metropolitan City, Nowon-gu, to the subsequent part of the “CBR650A”, which is another two-wheeled automobile purchased with the number plate of the Defendant’s existing “D”, which is a two-wheeled automobile.

Accordingly, the defendant used the official sign unlawfully for the purpose of exercising, and at the same time used the car registration number plate unlawfully.

2. From the day of paragraph 1 to October 21:10, 2020, the Defendant used the “CBR650FA”, which attached the D’s number plate in Nowon-gu and Jung-gu, Seoul Special Metropolitan City from the day of the same day as that of paragraph 1, to October 21:10.

Accordingly, the defendant exercised the illegally used air defense.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

The Defendant operated the above “CBR650FA” owned by the Defendant, which was not covered by mandatory insurance at a time and place, such as Paragraph 2.

Summary of Evidence

1. Court records of police seizure, and list of seizure of the defendant;

1. Application of Acts and subordinate statutes to control vehicles photographs and mandatory insurance inquiries;

1. Article 238(1) of the Criminal Act in relation to the facts constituting an offense (the point of unlawful use of official marks), Article 238(2) and Article 238(1) of the Criminal Act (the point of unlawful use air defense), Article 78 Subparag. 2 and Article 71(1) of the Automobile Management Act (the point of unlawful use of automobile number plates) of the relevant Act, Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of unlawful use of automobile number plates), Article 46(2)2 and the main sentence of the said Article;

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

1. Imprisonment with prison labor for the crime punishable by a selective selection of punishment;

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 48(1)1 of the Criminal Act for forfeiture of Article 62(1) of the suspended sentence is the defendant.