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(영문) 서울중앙지방법원 2020.02.06 2019고단423

공기호부정사용등

Text

A defendant shall be punished by imprisonment for four 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. No person who violates the provisions of air defense, illegal use and Automobile Management Act shall unlawfully use a two-wheeled automobile number plate;

At around 02:00 on December 31, 2018, the Defendant arbitrarily attached to the above SDH125T-23B license plate removed from the “D” SCOPY50C motorcycle 49C motorcycle owned by the Defendant, for the purpose of operating without yet being registered, a non-reported SDRH125T-23B license (motor vehicle license number: C) on the roads in front of Jongno-gu Seoul, Jongno-gu, Seoul.

Accordingly, the defendant used the two-wheeled automobile registration number plate without authority for the purpose of exercising.

2. On December 31, 2018, from January 16, 2018 to January 16, 09:20, the Defendant used the registration number plate of “D” two-wheeled vehicle, which was an air defense, used unlawfully as shown in the above paragraph (1), in Jongno-gu Seoul including Jongno-gu Seoul, Jongno-gu Seoul, and operated it after attaching it to the above SDHH125T-23B motor bicycle (vehicle number: C) owned by the Defendant.

Accordingly, the defendant exercised the two-wheeled automobile registration number plate without authority for the purpose of exercising the right.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 238 (1) of the Criminal Act, Article 238 (2) and (1) of the Criminal Act, Article 78 subparagraph 2 of the Automobile Management Act, and Article 71 (1) of the Motor Vehicle Management Act, concerning facts constituting an offense;

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;

1. Article 48 (1) of the Criminal Act of confiscation;