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(영문) 서울중앙지방법원 2017.11.23 2017고단7541
부정사용공기호행사등
Text

A defendant shall be punished by imprisonment for not less than three months.

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

seizure.

Reasons

Punishment of the crime

1. On June 2017, the Defendant purchased a two-wheeled BEV 125,50,000 won from a person who was a policeman “B” in the middle of June 1, 2017, a two-wheeled BEV 125, on which a registration number plate of a two-wheeled vehicle is attached, and operated a two-wheeled BEV 125,000 won on the front of Jongno-gu Seoul Metropolitan Government (Seoul), knowing that the registration number plate was unlawfully used.

2. On July 8, 2017, the owner of a motor vehicle violating the Guarantee of Automobile Compensation Act was prohibited from operating a motor vehicle on the road on which no mandatory insurance policy was subscribed, but the Defendant operated a two-wheeled BEAV 125 two-wheeled vehicle not covered by mandatory insurance on the front of Jongno-gu Seoul Metropolitan Government D.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to each motor vehicle driver's license ledger, mandatory insurance inquiry, and next inquiry;

1. Relevant Article 238 (2) and Article 238 (1) of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile with no mandatory insurance, the choice of imprisonment with labor);

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

1. Article 62 (1) of the Criminal Act on the suspended execution (the confession and reflect of the defendant, the fact that the defendant has no other force, including the punishment for a minor fine, the circumstances of this case, the circumstances after the crime, etc.);

1. Article 48 (1) of the Criminal Act to be confiscated;

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