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(영문) 수원지방법원 성남지원 2016.05.27 2016고단725
공기호부정사용등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant, at the time of Gwangju viewing, kept the registration number plate of the said car at the time of failing to pay automobile tax on the B Tech car owned by the Defendant, and was scrapped and kept prior to that time.

In the front and rear of the Crar net car, the number plate of the car was attached to the car in the above table to be operated.

1. On June 30, 2015, the Defendant illegally used air defense, attached the number plate for the front and rear automobile registration in front of the Defendant’s house located in Gwangju-si, Gwangju-si, and the front and rear automobile registration number plate to the above test column.

Accordingly, the defendant used the car registration number plate which is air defense for the purpose of exercising.

2. On March 9, 2016, the Defendant, as indicated in paragraph 1, operated the above-mentioned KAA car from the Defendant’s front day before the Defendant’s house’s house as indicated in paragraph 1 to the front day of the Gyeonggi-gu Youngwon Youth Training Center, Jungwon-gu, Seoul Special Metropolitan City.

Accordingly, the defendant exercised a car registration number plate, which is an illegally used air.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, on March 9, 2016, the Defendant operated the B B Tech that was not covered by mandatory insurance in the section stated in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiry into mandatory insurance (B);

1. Certificates of custody (B);

1. Application of Acts and subordinate statutes governing vehicle 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 (a) of the suspended execution is subject to criminal punishment.

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