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(영문) 서울중앙지방법원 2016.11.15 2016고단5671

공기호부정사용등

Text

A defendant shall be punished by imprisonment for four 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 March 4, 2016, the Defendant violated the Automobile Management Act: (a) around March 3, 2016, attached a registration number plate of a ice ice ice two-wheeled vehicle, which was owned by himself, to a newly purchased ice ice 125 two-wheeled vehicle, before the entrance of the Dong-ro 344, Jongno-gu Seoul, Jongno-gu.

Accordingly, the defendant used air illegally for the purpose of exercising the right, and used two-wheeled automobile number plate unlawfully.

2. On March 14, 2016, the Defendant used the air units illegally used by having D operate the said two-wheeled automobile in Jongno-gu Seoul, Jongno-gu Seoul, by leasing the two-wheeled automobile number plate attached to the two-wheeled automobile number plate, which is an air unit used unlawfully as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Each photograph;

1. Application of Acts and subordinate statutes of an investigation report;

1. Article 238 (1) of the Criminal Act for the relevant criminal facts; Article 78 (2) and Article 71 (1) of the Automobile Management Act; Article 238 (2) and Article 238 (1) of the Criminal Act for the unlawful use of a two-wheeled automobile number plate;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of unlawful use of air defense and the crimes of violation of Automobile Management Act);

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the fact that the defendant acknowledges and reflects his mistake and does not unlawfully acquire the number plates illegally used).