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(영문) 서울중앙지방법원 2015.04.09 2015고단379
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 November 1, 2014, at the front parking lot of the Defendant’s house located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City B and 202, the Defendant illegally used the registration number plate of a two-wheeled vehicle, air straw, by removing the number plate of a three-wheeled vehicle for the purpose of exercising a two-wheeled vehicle in 650cc Gaki W 650cc owned by the Defendant without the number plate, and attaching it on the back of the two-wheeled vehicle in 19:30 above, and attaching it on the back of the two-wheeled vehicle.

2. At around 09:55 on the same day from the date and time set forth in paragraph 1, the Defendant exercised an illegally used air defense by operating a two-km 2 km Gagki W 650cc Gag Gag Gag Gag, which was around 650c Gag Gag Gag Gag, from the date and time set forth in paragraph 1.

3. He shall not operate any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act;

Nevertheless, at around 09:55 on the same day from the date and time set forth in Paragraph 1, the Defendant operated two km of 650cc Gagki W650 Gagki, which was not covered by the mandatory insurance of approximately 2 km at the front of the road in front of the opening-gu of the commercial tunnel, due to not less than 09:55 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on seizure records;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Illegal use of air defense: Article 238 (1) of the Criminal Act;

(b) Illegal-use exercise of air defense: Article 238(2) and (1) of the Criminal Act;

(c) Operation of automobiles which are not mandatory insurance: Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the text of Article 8 (Appointment of Imprisonment or Imprisonment);

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

1. The trial process of this case, such as the age, character and conduct, family relationship, home environment, motive and means of a crime, circumstances after a crime, etc., of the reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution.

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