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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On June 15, 2018, at around 09:30 on June 15, 2018, the Defendant unlawfully used air defense signs by arbitrarily attaching the registration number plate for the Defendant’s mixed, SbC NBC 110 109CC bicycle in the name of the Defendant at the first floor parking lot of 30,00-ro 30,000-ro 28,000 and 100,000.
2. No person who violates the provisions of any public sign or event for illegal use, violation of the Automobile Management Act, and the Guarantee of Automobile Compensation shall unlawfully use the automobile registration number plate, and shall operate any motor vehicle on the road which has not purchased mandatory insurance;
Nevertheless, on June 15, 2018, from around 09:30 to 14:05, the Defendant: (a) exercised an air mark illegally used by driving a two-wheeled vehicle without mandatory insurance, with approximately 10km from the first floor parking lot of both 28-ro 30-gil-ro, Dobong-gu, Seoul, to the 241-ro, Jongno-gu, Seoul, with the first floor of approximately 10km from the 30-ro 28-ro, Seoul, by using the registration number plate; (b) exercised an air mark illegally used by driving a two-wheeled vehicle without purchasing a mandatory insurance policy; and (c) denied the registration number plate.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Police seizure records;
1. Application of Acts and subordinate statutes governing a photograph of dial part, certificate for the closure of use of dial part, and certificate for the use of dial part;
1. Article 238 (1) of the Criminal Act in relation to the facts constituting an offense (the illegal use of official marks), Article 238 (2) of the Criminal Act (the point of exercising an illegal-use air defense), Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) of the Automobile Management Act (the point of illegally using the automobile registration number plate), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an non-insurance vehicle);
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes of intent to hospit in the irregular air and the crimes of violation of the Automobile Management Act);
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. Suspension of execution;