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(영문) 서울중앙지방법원 2017.07.04 2017고단3043
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. From around 2013 to around 2014, the Defendant violated the Automobile Management Act: (a) attached a number plate that was removed from a two-wheeled vehicle that had already been registered at the “C” office located in Guri-si B before the office of “C” in Guri-si; and (b) attached a number plate that the Defendant received from the workplace rent to a two-wheeled vehicle without compensation.

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. The Defendant was operating a two-wheeled automobile with a license plate attached to the two-wheeled automobile number plate attached to the two-wheeled automobile number plate attached to the Gyeonggi-ri and Seoul Jongno-gu Seoul, from around the first day of paragraph (1) to April 16:37, 2017.

Accordingly, the defendant exercised the illegally used air defense.

3. On April 6, 2017, 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 policy, and the Defendant operated the said unregistered two-wheeled motor vehicle not covered by mandatory insurance on the front side of the Jongno-gu Seoul Jongno-ro 412 Han Bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol and list of seizure;

1. Application of each statute on photographs;

1. Article 238 (1) and (2) of the Criminal Act (the occupation of an unlawful use of official marks and an event for the protection of air units), Article 78 subparagraph 2 of the Automobile Management Act, and Article 71 (1) (the occupation of an unlawful use of registration number plates) of the Automobile Management Act concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the occupation of a two-wheeled motor vehicle which is not mandatory insurance);

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

1. Selection of imprisonment with prison labor chosen;

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 suspension of execution ( normal consideration, such as confession, reflectivity, and the fact that there is no past record of punishment heavier than imprisonment without prison labor);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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