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(영문) 서울중앙지방법원 2017.02.07 2016고단9195

공기호부정사용등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around December 2014, the Defendant: (a) operated a two-wheeled automobile ( model name: BS125) attached to a two-wheeled automobile ( model name: ATS50) owned by him/her, without attaching a two-wheeled automobile number plate on the two-wheeled automobile ( model name: ATS50) that was attached to the two-wheeled automobile ( model name: BS125) on the front of the said restaurant at “A” located in Jongno-gu Seoul, Jongno-gu, Seoul; and (b) attached the above number plate to the two-wheeled automobile ( model name: BS125) received from the said D; and (c) from around that time, the Defendant used the two-wheeled automobile ( model name: BS125) bearing a number plate.

Accordingly, the defendant used the symbols of public officials or public offices for the purpose of exercising them, and used them illegally.

2. No person who violates the Automobile Management Act shall forge, alter, or unlawfully use a license plate of two-wheeled motor vehicle;

On December 2, 2014, as indicated in the foregoing paragraph 1, the Defendant: (a) removed “E” number plates attached to a two-wheeled automobile (a model name: ATS50); (b) attached the above number plates to a two-wheeled automobile (a model name: BS125) received from D as described in the foregoing paragraph 1; and (c) operated a two-wheeled automobile (a two-wheeled automobile) with the “E” number plates from around that time to November 12, 2016.

Accordingly, the defendant used a two-wheeled automobile number plate unlawfully.

3. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

On November 12, 2016, at around 13:15, the Defendant operated a two-wheeled automobile (a model name: SS125) that was not covered by mandatory insurance in front of the Jongno-gu Seoul Metropolitan Government F.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes to photographs of pan-legal vehicles and/or number plates;

1. Article 238(1) of the Criminal Act in relation to criminal facts (the illegal use of official marks) and Article 238(2) and Article 238(1) of the Criminal Act (the use of unlawful means of air defense).