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(영문) 서울중앙지방법원 2016.10.20 2016고단6438
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

The Defendant is a person engaging in driving a two-wheeled motor vehicle, which is a non-registered VM 125cc(C).

1. Around 08:00 on August 8, 2016, the Defendant violated the Automobile Management Act: (a) attached the registration number plate of a two-wheeled vehicle owned by the Defendant to the two-wheeled vehicle of FVS 125cc in front of the Defendant’s home located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

Accordingly, the defendant used the registration number plate of F Two-wheeled Automobile for the purpose of exercising.

2. From the date and time stated in paragraph (1) to 10:45 on the same day, the Defendant operated the above VM 125cc two-wheeled vehicle with the F registration number plate attached from approximately 18 km section from the above Defendant’s house to the 360-way Seoul Jongno-ro.

Accordingly, the defendant exercised the illegally used air defense.

3. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated a two-wheeled automobile that was not covered by mandatory insurance at the time and place mentioned in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. The credit bureau and the mandatory insurance association;

1. Application of documentary evidence photographic Acts and subordinate statutes

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 Automobile Management Act; Article 238 (2) and Article 238 (1) of the Criminal Act; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for a violation of the Automobile Management Act and the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act reflects the defendant's fault.

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