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(영문) 의정부지방법원 2018.05.16 2017고단4239
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. On April 10, 2017, the Defendant used the above registration number plate of air air for the purpose of exercising by attaching the “D” number plate removed from the Orato B, which was brought on the water surface, to the Orato B, around 13:00, on April 10, 2017, and used the registration number plate attached with the registration number plate that was illegally used as above, at around 2:30 on April 11, 201, the Defendant used the Orato B, which was operated to the vicinity of the Panto-dong road at the same time 84:3 Doo-si, which was located on the water surface.

2. On May 11, 2017, the Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) 11:22:30 on the Myeong-si, Simri-si, the Defendant operated an automobile ATS50 Oralb, which was not mandatory insurance, to the roads adjacent to the same Simpon-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

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

1. Application of the Acts and subordinate statutes to seized articles and photographs at the seizure site;

1. Relevant Article 238 of the Criminal Act, Article 238 (1) of the Criminal Act (the illegal use of official marks), Article 238 (2) of the Criminal Act (the point of exercising the defense of illegally used air), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the choice of imprisonment, respectively, 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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

2. Non-application of the sentencing criteria: Offenses for which the sentencing criteria are not set; and

3. Determination of sentence: Imprisonment with prison labor for six months and one year of suspended execution: The defendant illegally uses the number plate of two-wheeled motor vehicle, which is air defense, and exercises it, and operates a motor vehicle which is not covered by mandatory insurance, the nature of the crime is not easy, and circumstances favorable to the fact that there are multiple criminal records: The confession has been made after 209;

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