A person shall be punished by imprisonment with prison labor for not less than four months and for not more than four months with prison labor for a crime of No. 2 in the judgment of the defendant.

except that this shall not apply.

Punishment of the crime

On September 2, 2015, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for violating the Automobile Management Act at the Seoul Central District Court on September 2, 2015 and became final and conclusive on September 10, 2015.

1. On June 2014, the Defendant violated the Automobile Management Act and the illegal use of air defense and the Automobile Management Act: (a) around the Defendant’s office located in Dobong-gu Seoul Metropolitan Government, the two-wheeled automobile number plate registered in the name of his spouse D was attached to the GTS125EO Orala without authority and used the two-wheeled automobile number plate for air defense.

2. From Jun. 2014 to Aug. 7, 2016, the Defendant exercised the illegally used air defense by operating the instant two-wheeled vehicle registration number plate at the Seoul Won from Jun. 7, 2016 to Aug. 10:46, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Photographs;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of crime), and statutes;

1. Article 238 (1) of the Criminal Act applicable to the facts constituting an offense; Article 78 (2) and Article 71 (1) of the Automobile Management Act (Unlawful Use of a Registration Number Plate); Article 238 (2) and Article 238 (1) of the Criminal Act (Unlawful Use of a Registration Number Plate);

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

1. Selection of imprisonment with prison labor for a violation of the Automobile Management Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning 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. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the part of the crime committed during the period of suspension of execution continues to be committed while the crime in this case is committed. On the other hand, some of the crimes could have been tried together with the crime in which the judgment became final and conclusive, taking into account the Defendant’s age, character and conduct, background leading to the instant crime, circumstances after the crime, etc.