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(영문) 서울중앙지방법원 2015.10.21 2015고단4886

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 August 2013, 2013, the Defendant illegally used air conditioning by attaching the registration number plate of CVF125, the air hosp, the Defendant’s own, to the B neighboring roads of Gyeonggi-si, the Government of the Republic of Korea, and attaching it to the FV125, the air hosp, the Defendant’s own, without authority.

2. The Defendant, from August 2013 to July 6, 2015, illegally used the registration number plate of a two-wheeled motor vehicle from August 2013 to July 2, 2015, was attached to the registration number plate of a two-wheeled motor vehicle, and exercised air units illegally used by operation of a two-wheeled motor vehicle as prescribed in the foregoing paragraph (1) at the Gyeonggi-si Government House.

3. On July 6, 2015, the Defendant was driving a two-wheeled vehicle at a section of approximately 600 meters Cffic Copicis 250cc in a section of approximately 600 meters from the front of the Dongdaemun Integrated Market B in Jongno-gu Seoul, Jongno-gu, Seoul to the front of the exit road No. 408, 266, without obtaining a driver’s license on July 17, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Registers of driver's licenses;

1. Report on the situation of operation without a license;

1. Stobane photographs;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant statutory provisions of Article 238(1) and (2) of the Criminal Act for criminal facts (a point of exercising the protection of air against unlawful use or unlawful use of air), subparagraph 2 of Article 78, Article 71(1) of the Automobile Management Act (a point of using a registration license plate unlawfully), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (a point of driving without a license) and selection of imprisonment, respectively;

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

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 (i.e., Article 62(1) of the Act on the Suspension of Execution (i.e., that there are circumstances to consider since the previous vehicle has been used continuously due to the lack of the circumstances of the defendant's situation).

1. An order to attend a course under Article 62-2 of the Criminal Act;