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(영문) 서울중앙지방법원 2017.11.28 2017고단7058
공기호부정사용등
Text

A defendant shall be punished by imprisonment for not less than eight 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 saw that he will operate a bicycle with a motor machine number plate attached to a bicycle without a license plate issued by a kine owner, a motor machine with a knife that he gets off a bicycle due to a breakdown B, and there is no number plate issued by a knife D.

On August 19, 2017, the Defendant: (a) removed the number plate of the CEngine bicycle from a motor device without a license plate; (b) applied it on the front side of a bicycle without a license plate on August 19, 2017; and (c) operated a bicycle with a motor device with a license plate attached to the C number plate, which was not covered by mandatory insurance, in the vicinity of the digital single area in Guro-gu Seoul, Guro-gu, Seoul to the digital single area, from around about 23 minutes to about 1km-ro, Seoul to the 23rd, while under the influence of alcohol content at around 22:10 on August 19, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The investigation report (as regards the bicycle for the C Engine)

1. Inquiry into information on non-performance of mandatory insurance;

1. Register of two-wheeled motor vehicles;

1. Application of motor system device and bicycle photography Acts and subordinate statutes;

1. Relevant Article 238 (1) of the Criminal Act, Article 238 (2) and Article 238 (1) of the Criminal Act, Article 238 (1) of the Criminal Act (the use of symbols illegally), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the use of drinking, the choice of imprisonment), Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act (the operation of a vehicle with no 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 (see, e.g., Supreme Court Decision 201Du1168, Apr.

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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