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(영문) 대전지방법원 천안지원 2018.08.24 2018고단945
공기호부정사용등
Text

A defendant shall be punished by imprisonment with prison labor for four 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 March 26, 2018, the Defendant: (a) removed a registration number plate of a “C” two-wheeled vehicle purchased from a kind B for the purpose of exercising the right on the back side of the Yongsan High School located in Asan-si; and (b) used the registration number plate of a two-wheeled vehicle that newly purchased the two-wheeled vehicle “C” by arbitrarily attaching it by using a voltage and width; and (c) denied the registration number plate of a two-wheeled vehicle, an air friendly, by using a voltage and width.

2. On March 28, 2018, at around 13:16, the Defendant used a two-wheeled vehicle “C” with a “C” registration license plate attached to a “C” two-wheeled vehicle, which is used unlawfully as described in paragraph 1, from the back of the Yongsan High School located in Asan-si, Asan-si to 21-1, and used the air for unlawful use.

3. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of a two-wheeled automobile (a chassis number D).

On March 28, 2018, the Defendant operated a two-wheeled automobile at the backway of the Yongsan High School located in the Yongsan-si, Asan City on March 13:16, 2018, without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. A certificate of report on use of a two-wheeled motor vehicle;

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 238(1) of the Criminal Act (Unlawful Use of Code), Article 238(2) and Article 238(1) of the Criminal Act (Unlawful Use of Code), Article 46(2)2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 (main sentence) of the Guarantee of Automobile Compensation Act (the point of operating an automobile with which mandatory insurance is not mandatory insurance and the choice of imprisonment);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act, including the background of the instant crime and the circumstances after the crime, are recognized as the Defendant’s mistake.

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