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(영문) 서울중앙지방법원 2017.10.12 2017고단5715
공기호부정사용등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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 2012, the Defendant violated the Automobile Management Act and the unlawful use of air, and the Defendant attached a number plate removed from the DZHYR two-wheel automobiles already registered in front of C in Gangnam-gu Seoul, Seoul, to the unregistered SH100 two-wheel automobiles purchased as a heavy height.

In this respect, the defendant used the official sign for the purpose of exercising, and at the same time used the two-wheeled automobile number plate unlawfully.

2. Around 14:40 on June 18, 2017, the Defendant used a two-wheeled automobile number plate attached to a two-wheeled automobile number plate for illegal use, such as paragraph 1, on the front road of Jongno-gu Seoul, Jongno-gu Seoul.

Accordingly, the defendant exercised the illegally used air defense.

3. Although the owner of a motor vehicle violating the Guarantee of Automobile Compensation Act was prohibited from operating a motor vehicle on a road which was not mandatory insurance, the Defendant operated a two-wheeled motor vehicle, which was not covered by mandatory insurance at the time and place of paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. A seizure list;

1. Application of Acts and subordinate statutes to investigation reports (the telephone investigation related to the mandatory insurance of suspects);

1. Article 238 (1) of the Criminal Act related to the facts constituting an offense (the illegal use of official marks) and Article 78 Subparag. 2 and Article 71 (1) of the former Automobile Management Act (amended by Act No. 12986, Jan. 6, 2015); Article 238 (2) and Article 238 (1) of the Criminal Act (the illegal use of two-wheeled automobile number plates); Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act (the operation of a non- mandatory insurance vehicle)

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

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant recognized the crime of this case as a primary offender, and is against himself/herself, and is also insured upon receiving a new number plate.

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