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(영문) 서울서부지방법원 2017.03.21 2016고단3799
공기호부정사용등
Text

A defendant shall be punished by imprisonment for not less than eight 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. No person who has removed a motor vehicle registration number plate shall remove the motor vehicle registration number plate without permission from the competent administrative office;

On December 16, 2015, the Defendant arbitrarily removed a registration number plate for a motor bicycle owned by the Defendant on the front side of Mapo-gu Seoul Metropolitan Government (Seoul Mapo-gu).

2. On December 16, 2015, the Defendant illegally used car registration number plates and illegally used official marks, which were removed from the Seoul Mapo-gu Seoul Mapo-gu Park as set forth in paragraph 1, and attached a car registration number plate to the GTS300 EVO 300 O 300 OO 200 OO 300 OF, with no car registration number plate, and used the car registration number plate under the Automobile Management Act unlawfully and simultaneously with the purpose of using it.

3. On May 8, 2016, the Defendant, without obtaining a driver’s license for a small-sized motor vehicle on May 2, 2016, operated the above Obaba in Seoul, the first instance court, from around December 17, 2015 to May 8, 2016, operated the said Obaba in Seoul, with the GTS300 EVO 300CC Aba, which arbitrarily attached a car registration number plate, as prescribed in paragraph 2, on the roads around the 307-ro of Jongno-gu Seoul, Jongno-gu, Seoul, Seoul, the independent road located in a conspicuous place.

Accordingly, the Defendant transferred a two-wheeled automobile without obtaining a driver’s license, and used the marks of public offices illegally used.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of F in the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement of the police statement related to G;

1. Police seizure records and list of seizure;

1. Photographs of damaged articles;

1. Application of the investigative report (verification of Operation of Suspect A without License) Acts and subordinate statutes;

1. Article 81 subparag. 1, Article 10 subparag. 2 (the point of leaving the registration number plate of a motor vehicle), Article 78 subparag. 2, Article 71(1) (the point of illegally using the registration number plate of a motor vehicle) of the Motor Vehicle Management Act, Article 238(1) of the Criminal Act (the point of illegally using the official mark) of the Road Traffic Act, Article 152 subparag. 1, and Article 152 of the Road Traffic Act concerning criminal facts.

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