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(영문) 창원지방법원 마산지원 2016.08.10 2016고단572
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 2014, the Defendant violated the Automobile Management Act: (a) in E operated by D in Changwon-si, Changwon-si, Changwon-si; (b) in order to purchase from D the 249cc U.S. Patoma, the Defendant unlawfully used the official sign by attaching the “F” number plate kept in the Center to the above Oba; (c) at the same time, unlawfully used the two-wheeled vehicle number plate under the Automobile Management Act.

2. The Defendant, who illegally used public marks, exercised the air defense that was illegally used by a son from the date specified in paragraph (1) to May 15:00, 2016.

3. From around 13:00 on May 29, 2016 to around 15:00 on the same day, the Defendant driven a two-wheeled automobile, which is about 5 km from the front front of a non-school apartment in the Changwon-si, Masan, Changwon-si, without obtaining a driver’s license between around 13:0, and around 15:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of DNA prepared by the police;

1. A written statement of control police officers prepared by G;

1. Records of seizure and list of seizure prepared by the police;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to a CCTV image closure;

1. Article 238 (1) of the Criminal Act of the relevant Act on the facts constituting an offense (the illegal use of public 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 152 Subparag. 1 and 43 of the Road Traffic Act (the illegal use of the two-wheeled automobile number plates);

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

1. Selection of imprisonment with prison labor for a crime of violating the Road Management Act or violating the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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