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(영문) 서울중앙지방법원 2018.10.31 2018고단5480
공기호부정사용등
Text

A defendant shall be punished by imprisonment for six 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. Around November 2017, the Defendant violated the Automobile Management Act and illegally used the air honobly attached the “D” number plate in front of the Defendant’s residence located in Gangdong-gu Seoul Metropolitan Government, and attached the “D” number plate to the said two-wheeled automobile for the purpose of operating the POE two-wheeled automobile received from C.

Accordingly, the Defendant used a car registration number plate unlawfully and simultaneously used a public sign for the purpose of exercising it.

2. The Defendant had operated a two-wheeled automobile described in the preceding paragraph in the Gangdong-gu Seoul Metropolitan Government business-dong and Jongno-gu Seoul Metropolitan Government business-dong from around August 26, 2018 to August 25, 2018.

Accordingly, the defendant exercised the illegally used air defense.

Summary of Evidence

1. Statement by the defendant in court;

1. Sovereign photographs;

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

1. Application of Acts and subordinate statutes of comprehensive details of each vehicle;

1. Article 78 subparagraph 2 of the relevant Act on the Management of Motor Vehicles for Criminal Facts (the illegal use of a registration number plate), Article 71 (1) (the illegal use of a registration number plate), Article 238 (1) (the illegal use of a public symbol) of the Criminal Act, and Article 238 (2) and Article 238 (1) of the Criminal Act (the use of an unlawful use air defense event);

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

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is likely to be criticized in that the Defendant arbitrarily replaced the car registration number plate to cause harm to the public business and welfare in relation to the registration and management of automobiles and to avoid the safety and responsibility related to the operation of automobiles.

However, considering the fact that the defendant reflects the crime and has no criminal record for the same kind of crime.

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