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(영문) 대전지방법원 천안지원 2016.11.15 2016고단1673
공기호부정사용등
Text

A defendant shall be punished by imprisonment for three months and by a fine of thirty million won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Around August 15, 2016, the Defendant illegally used the registration license plate of a motor vehicle, which is air defense, by arbitrarily attaching the “C” number plate (No. 1) at the Defendant’s residence at Asan-si D, Asan-si, which was operated by the Defendant, to be removed from the Ortotoa, and to the Sitos II Otoba (motor vehicle number : E).

2. At around 09:30 on August 15, 2016, the Defendant used an illegal-use air defense event: (a) from the front day of the community hall located in the expenditure of the relevant Eup in ASEAN-si to the front day of the same Eup’s repair hall; and (b) exercised the air that was unlawfully used by operating the said oba, attaching the registration number plate that was unlawfully used.

3. The Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver's license at the same location as the above 2.

4. The Defendant violated the Guarantee of Automobile Accident Compensation Act without purchasing mandatory insurance at the same place as the above 2. Paragraph 2., and operated the above urbane.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Seizure records;

1. Each investigation report (referring to mandatory insurance, etc.);

1. Application of Acts and subordinate statutes of the Oral biopios;

1. Relevant provisions of Article 238 (1) and (2) of the Criminal Act for criminal facts (which means the unlawful use of air or the exercise of illegally used air) of the same Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the same Act (which means the operation of a mandatory insurance-related motor vehicle, the choice of imprisonment), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act concerning Imprisonment with prison labor;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Although Article 334(1) of the Criminal Procedure Act does not apply to the cases of sentencing under Article 334(1) of the provisional payment order, considering the fact that the mother is supporting the old, the primary crime, and the reflection of the old;

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