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(영문) 서울중앙지방법원 2017.03.29 2016고단9590
공기호부정사용등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around May 2012, the Defendant unlawfully used air defense marks by arbitrarily attaching the registration number plate of CG125 Oba to a non-reported SG125 Oba for the purpose of exercising at the Jongno-gu Seoul Changdong, Jongno-gu, Seoul. Around May 2012.

2. From May 2012 to December 9, 2016, the Defendant used the registration number plate attached to the registration number plate which was unlawfully used as described in paragraph 1 from the end of Jongno-gu Seoul Changdong to December 07:5, 2016, and exercised it.

3. No person who violates the Automobile Management Act shall unlawfully use a motor vehicle registration number plate;

Nevertheless, the Defendant denied the registration number plate as described in paragraphs 1 and 2.

4. On December 9, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a motor device bicycle on or around 07:55 on December 9, 2016, the Defendant, without obtaining a motor device bicycle license, driven approximately 1.5 meters from the front of Jongno-gu Seoul, Jongno-gu, Seoul to the front road of the Troman hotel in Jongno-gu, Jongno-gu, Seoul, Cheongcheon-ro 341.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Photographs, registration number plate, and photograph;

1. Voluntary accompanying reports, investigation reports (No. 2 of the evidence list), investigation reports (No. 11 of the evidence list No. 11) and the application of the law

1. The purport of Article 238(1) of the relevant Article of the Criminal Act regarding criminal facts is that both the crimes committed by the Defendant during the period from May to December 9, 2012 and the crimes committed during the period from the end of December 2016 under the Automobile Management Act, Article 238(2) and Article 238(1) of the Criminal Act (the crime of unlawful use of the official sign), Article 78 Subparag. 2 and Article 71(1) of the Automobile Management Act (the crime of unlawful use of the registration number plate) constitutes both the crimes of unlawful use of air defense committed by the Defendant during the period from the end of May 2012 to the end of December 9, 2016 and the crimes of unlawful use of air defense at the same time constitutes a violation of the Automobile Management Act.

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