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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
1. No person who violates the Automobile Management Act shall unlawfully use a motor vehicle registration number plate;
Nevertheless, the Defendant purchased light SYM125cc motor bicycle from the commercial fluor in the north-dong of Gwangju, and then removed a registration number plate from the Defendant’s house located in the south-gun B of Gwangju, at the Defendant’s house located in the Southern-gun B, purchased to C, and then attached to the motor device bicycle newly purchased.
From around that time to May 21, 2017, the Defendant operated an engine device with a registration number plate as above, and used the car registration number plate unlawfully.
2. On May 21, 2017, the Defendant was under the influence of paragraph (1) while under the influence of alcohol leveling 0.145% of blood alcohol leveling from around 1km to around the Defendant’s house located in B from the front day of the glulub farm in the Southern-gun, Namyang-gun on May 21, 2017, when the Defendant was under the influence of alcohol leveling 0.145% of blood alcohol leveling from around 1km to the front day of the Defendant’s house located in B.
3. He/she shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;
Nevertheless, the defendant operated the motor bicycle that was not covered by mandatory insurance at the time and place mentioned in paragraph 2.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Inquiry into mandatory insurance;
1. A certificate suspending the use of two-wheeled automobiles;
1. Engine report (Attachment of motors, devices, and bicycle photographs);
1. Application of statutes governing completion of a report on use of a two-wheeled motor vehicle;
1. Subparagraph 2 of Article 78 of the relevant Act on the Management of Motor Vehicles (the illegal use of the registration number plate of a motor vehicle) and Article 71(1) (the illegal use of the registration number plate of a motor vehicle), Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and Article 154 subparag. 2 of the Road Traffic Act on the facts constituting a crime;