Cases
2016 highest 2527 highest 2527 highest 2016 highest 2527 high-end 201 high-use air use events, automobile management violation
Defendant
A
Prosecutor
○○ (prosecution) and ○○ (Public Trial)
Defense Counsel
Attorney ○○ (Presiding over)
Imposition of Judgment
September 1, 2016
Text
A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.
When the defendant fails to pay the above fine, the defendant shall be confined in the Labor House for the period converted into one day.
Seized number plates (No. 1) shall be confiscated from the accused.
In order to order the provisional payment of an amount equivalent to the above fine.
Reasons
Criminal facts
[Criminal Power] On July 19, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Jung-gu District Court on July 19, 2012, and completed the execution of the sentence on October 27, 2013.
[Criminal Facts] The defendant is a person who drives a motor vehicle with the principal's own ○○ S○○○.
1. Violation of air defense, unlawful use, or Automobile Management Act;
On October 2015, the Defendant removed the registration license plate of the Seoul ○○○○○○○○○○○○○○○○○○○○○○○○○○○, which is a residence of the Defendant, in Seoul Special Metropolitan City, Nowon-gu, a residential area of the Defendant, and attached it to S○○○○○○○, which is owned by the Defendant (J○○○○○○○○○○○○).
Accordingly, the defendant used the marks of public offices for the purpose of exercising, and used the car registration number plate unlawfully.
2. Unlawful events for the protection of air;
On February 10, 2016, at around 14:56, the Defendant operated the above Oba in a state where, like the above paragraph (1), the Seoul Jongno-gu Seoul Metropolitan Government ○○○○○○○○○○○○○○○○○○○○ was attached to the above S○○○○○○○○○○○○○○○○○○.
Accordingly, the defendant exercised the marks of public offices that were unlawfully used.
3. Violation of the Road Traffic Act;
The Defendant driven the above motorcycle at the date, time, and place stated in paragraph (2) without obtaining a motorcycle driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Previous records as indicated in the holding: Criminal history records, etc. inquiry reports, investigation reports (attached to judgments, etc. of suspects A), investigation reports (prior records of repeated crimes against Suspects), and investigation reports (prior records of suspects A); and
Application of Statutes
1. Article applicable to criminal facts;
Article 238(1) and (2) of the Criminal Act; Articles 78(2) and 71(1) of the former Automobile Management Act (Amended by Act No. 13686, Dec. 29, 2015); Articles 154 subparag. 2 and 43(1) of the Road Traffic Act; Articles 40 and 50-1 of the Road Traffic Act of the Commercial Act of the same year: Violation of selective motor vehicle Management Act of selective motor vehicles: Violation of imprisonment: Violation of selective motor vehicles Management Act of the Criminal Act of the same year: Article 35 (Crime of Violation of Automobile Management Act and Violation of Illegal Use of Motor Vehicle Protection Act) of the Criminal Act of the proceeds of repeated motor vehicles; Article 37 (1)2 and 3; Article 50 (1) of the former Automobile Management Act of the Criminal Act of the same year; Article 70(1) and Article 69(2)1 of the same Act of the Election Act of the same Act of the same year; Article 48(1)1)
Reasons for sentencing
Considering the fact that the Defendant committed the instant crime within three years after the execution of imprisonment was completed.
Judges Shin Jae-chul