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(영문) 서울북부지방법원 2017.03.28 2016고단5819
공기호부정사용등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 2016, the Defendant: (a) arbitrarily removed the registration number plate of the DVF125.1c. 124.1c. bicycle in the name of C from the front side of Seongbuk-gu Seoul, Seongbuk-gu, Seoul; (b) subsequently, the Defendant illegally used the public sign by attaching the registration number plate on the bicycle on the bicycle for which the Defendant did not purchase and report it at a high speed.

2. The Defendant, from February 2016 to July 23:50, 2016, operated a motor bicycle with a registration number plate arbitrarily removed, as described in paragraph 1, at the front of the Defendant’s house located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and at Seoul, used it.

3. The Defendant violated the Road Traffic Act (unlicensed Driving) operated a motor motor bicycle without obtaining a driver's license for motor device bicycles at the time and place specified in paragraph 2, as stated in paragraph 2.

4. The Defendant violated the Guarantee of Automobile Compensation Act, without purchasing mandatory insurance as stated in paragraph 2 at the time and place specified in paragraph 2, operated a bicycle for a motor motor device 125 124 cc.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Investigation report (Details on purchase of mandatory insurance);

1. Application of Acts and subordinate statutes of number plates and Oralba photographs;

1. Article 238 (1) and (2) of the Criminal Act (the point of an unlawful use of public sign), Article 78 subparagraph 2 of the Automobile Management Act (the point of an unlawful use air defense event), Article 71 (1) (the point of an unlawful use of a registration number plate) of the Automobile Compensation Guarantee Act, Article 46 (2) and 2, the main sentence of Article 8 (the point of operating a motor vehicle with no mandatory insurance) of the Act on the Guarantee of Automobile Compensation, Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the point of operating a motor vehicle with no mandatory insurance), Article 154 subparagraph 2 of the Road Traffic Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment is heavier between the crimes of gambling in the misappropriation air and the crimes of violating the Automobile Management Act).

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