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(영문) 서울중앙지방법원 2017.09.20 2017고단4382
공기호부정사용등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 2015, the Defendant violated the provisions of the Automobile Management Act by illegally using the air, and by purchasing a two-wheeled CA110 two-wheeled Ba-soon at a store located in Jongno-gu Seoul Metropolitan Government Jongno-gu, and previously registered and kept it.

C The number plate was attached to the two-wheeled automobile.

Accordingly, the defendant used the official sign for the purpose of exercising, and at the same time used the two-wheeled automobile number plate unlawfully.

2. On April 11, 2017, the Defendant, at around 14:20, operated a two-wheeled automobile number plate attached to the two-wheeled automobile number plate as above on the front of Jongno-gu Seoul, Jongno-gu, Seoul.

Accordingly, the defendant exercised the air defense that was illegally used.

3. Although the owner of a motor vehicle violating the Guarantee of Automobile Compensation Act was prohibited from operating a motor vehicle on the road which was not mandatory insurance, the defendant operated a two-wheeled motor vehicle, which was not mandatory insurance at the same time and place as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Mandatory insurance inquiries, application of the Acts and subordinate statutes of Oral dives photographs;

1. Article 238 (1) of the Criminal Act applicable to the facts constituting an offense; Article 78 subparagraph 2 of the Automobile Management Act; Article 71 (1) of the Motor Vehicle Management Act (the illegal use of a two-wheeled motor vehicle license plate); Article 238 (2) and Article 238 (1) of the Criminal Act (the use of a two-wheeled motor vehicle) of the same Act; Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Compensation Act (the use of a two-wheeled motor vehicle).

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crime of unlawful use of public marks and the crime of violation of the Automobile Management Act, and the punishment prescribed for the crime of unlawful use of air with heavier punishment);

1. Selection of imprisonment with labor for a violation of the Guarantee of Damage Compensation for Alternative Motor Vehicles;

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 confession, reflectivity, and the same power or fine shall be exceeded);

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