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(영문) 서울남부지방법원 2019.08.28 2019고단3260
공기호부정사용등
Text

A defendant shall be punished by imprisonment with prison labor for three 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. No person who violates the Automobile Management Act shall forge, alter or unlawfully use a motor vehicle registration number plate;

Nevertheless, the Defendant purchased the c registration number plate attached to the Defendant’s office located around the Defendant’s office in the Seocho-si, 2016, and operated the c registration number plate attached to the above c registration number plate on the c registration number plate attached to the c registration number plate of the Defendant using the dracker, from around that time to September 22, 2018.

In order to exercise, the defendant used a motor vehicle registration number unlawfully, and exercised a motor vehicle registration number unlawfully used.

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

Nevertheless, at around 16:10 on September 2, 2018, the Defendant operated the Oba under Paragraph 1, which was not covered by mandatory insurance on the front road located in Guro-gu Seoul Metropolitan Government D.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Audio and obiographic photo and a comparison;

1. Application of Acts and subordinate statutes to the investigation report (an investigation related to number plates);

1. Article 238 (1) of the Criminal Act, Article 238 (2) and (1) of the Criminal Act, Article 238 (1) of the Criminal Act, subparagraph 2 of Article 78 and Article 71 (1) of the Automobile Management Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the crimes of unlawful use of air, the crimes of violating the Automobile Management Act, and the punishment imposed on a crime of violating the Motor Vehicle Management Act of which punishment is heavier);

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

1. The Criminal Act among concurrent crimes.

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