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(영문) 광주지방법원 2020.06.11 2020고단2009
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 September 2019, the Defendant of an unlawful use of air defense, or an unlawful use air defense event was found to acquire DNA motorcycle license plate while performing garbage separation work at the Dong Administrative Welfare Center located in the Southern-gu Seoul metropolitan area, Nam-gu.

On March 15, 2020, the Defendant: (a) around 15, 2020, around the Seo-gu, Seo-gu, Gwangju, attached the number plate that the Defendant acquired on a motorcycle 100 motorcycle, which was operated by the Defendant; and (b) from that time, he driven a motorcycle with the above number plate on the front road in the Southern-gu, Gwangju, Nam-gu, Gwangju, by March 18, 2020.

Accordingly, the defendant used the air illegally for the purpose of exercising the right, and exercised the air illegally used.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile which is not covered by the mandatory insurance of automobile;

Nevertheless, at around 23:25 on March 18, 2020, the Defendant operated the said motorcycle on the front road of the Nam-gu Seoul Metropolitan City, without purchasing mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Records of seizure and the list of seizure;

1. Data on the taxes of motor vehicles, passenger car, and flooded vehicle;

1. Application of the Acts and subordinate statutes concerning dysiopia and number plates;

1. Relevant Article 238 (1) of the Criminal Act, Articles 238 (1) of the Criminal Act, Article 238 (2) and (1) of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating mandatory insurance and the choice of imprisonment);

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a crime detrimental to the public credibility of the motor bicycle license plate, which is an air defense, and the crime of this case is deemed disadvantageous circumstances, such as the fact that the criminal liability is not minor, the confession of the defendant, and reflects the mistake, and the defendant is in excess of the same kind and fine.

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