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(영문) 인천지방법원 부천지원 2019.10.23 2019고단2260
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

1. On January 2019, the Defendant violated the Automobile Management Act: (a) attached the “B” registration number plate (No. 1) of the two-wheeled Automobile, which was owned by the Defendant, to GTS125 (a two-wheeled Automobile) that the Defendant purchased with a heavy height, on a two-wheeled Automobile (125c) (125c).

Accordingly, the defendant used the marks of public offices for the purpose of exercising, and used the two-wheeled automobile number plate unlawfully.

2. From January 2019 to June 15:56, 2019, the Defendant used approximately KRW 1,000 km in his residence and Seoul City with the registration number plate attached to the said two-wheeled automobile as described in paragraph (1).

Accordingly, the defendant exercised the marks of public offices that were unlawfully used.

3. The Defendant violating the Guarantee of Automobile Accident Compensation Act shall not operate a vehicle on which mandatory insurance is not covered, as the owner of a two-wheeled automobile (125C) GTS125 (125C).

Nevertheless, the Defendant operated the two-wheeled automobile that was not covered by mandatory insurance at the same time and place as stated in Paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. Police investigation reports, records of seizure, and list of seizure;

1. Details of the mandatory insurance policy and the detailed statement of each credit policy;

1. Application of statutes on field photographs;

1. Article 238 (1) of the Criminal Act for the relevant criminal facts; 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 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:

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