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A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.
If the defendant does not pay the above fine, 100.
Reasons
Punishment of the crime
[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 a 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 mixed-owned vehicle SILVING-related vehicle.
1. Around October 2015, the Defendant violated the Automobile Management Act: (a) removed the registration license plate of Dmerex motor bicycle owned by the Defendant from the front road of Seoul Special Metropolitan City, Nowon-gu, the Defendant’s residence; and (b) attached it to SILVWING (motor vehicle No. e) Orala, owned by the Defendant.
Accordingly, the defendant used the marks of public offices for the purpose of exercising, and used the car registration number plate unlawfully.
2. On February 10, 2016, around 14:56, the Defendant of the illegal-use air defense event operated luba while attaching D number plates on the front of Jongno-gu Seoul Metropolitan Government F on the road, such as the foregoing paragraph (1).
Accordingly, the defendant exercised the marks of public offices that were unlawfully used.
3. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license for a motorcycle at the time and place specified in paragraph 2.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of the operation without a license, investigation report, number plate photograph, photo of the two-wheeled vehicle, driver's license register, red inquiry, and written confirmation of the purchase and sale of Oralob; and
1. Existing presence of a license plate (No. 1);
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to judgments, etc. of suspects A), application of Acts and subordinate statutes to criminal investigation reports (prior records of suspects A and repeated crimes against suspects);
1. Article 238(1) and (2) of the Criminal Act for criminal facts; Article 78 Subparag. 2 and Article 71(1) of the former Automobile Management Act (Amended by Act No. 13686, Dec. 29, 2015); Article 154 Subparag. 2 and Article 43 of the Road Traffic Act
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Violation of the Automobile Management Act regarding selection of punishment: Imprisonment;