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(영문) 수원지방법원 안양지원 2018.08.23 2018고단518
공기호부정사용등
Text

A defendant shall be punished by imprisonment for six 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

On December 19, 2014, the Defendant received a summary order of a fine of one million won due to a violation of road traffic law (unlicensed driving) in the support for the development of the Suwon method.

Criminal facts

1. On March 2016, the Defendant: (a) discovered the number plate of a wheeled Automobile, which was lost by B from the Mon apartment located in the Hagdong-dong in the Gyeonggi-si, Gyeonggi-do; and (b) illegally used the number plate of the air, attaching the said number plate to the two-wheeled Automobile “A” Z100, which was owned by the Defendant, for the purpose of exercising the license plate.

2. On August 15, 2016, the Defendant held a license plate, which is the air unit of “A” Z100 with a license plate attached to a two-wheeled vehicle, operated on a two-wheeled vehicle, and used unlawfully by running the two-wheeled vehicle, from the front of his/her aptitude apartment located in Geum-dong, Geum-dong, Gyeonggi-si, Seoul, to the roads of “K-TOWER” in front of the Gangnam-gu Seoul, Gangnam-ro 513 “K-TOWER”.

3. On August 15, 2016, the Defendant was driving a two-wheeled vehicle of approximately KRW 1000 C 1,000, Z100, from the front of the aptitude apartment in Geum-dong, Geum-gu, Gyeonggi-si, Seoul, to the front road of the Gangnam-ro 513 “K-TOWER” in Gangnam-gu, Gangnam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Voluntary accompanying reports and online inquiries made on the phone number plates;

1. Field control photographs;

1. Investigation report (to hear statements from a witness B telephone);

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 238 (1) of the Criminal Act (Unlawful Use of Official Marks), Article 238 (2) and Article 238 (1) of the Criminal Act (Unlawful Use of Air) concerning criminal facts, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (Unlicensed Driving, Unlicensed Driving, and Selection of Imprisonment);

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 (see, e.g., Supreme Court Decision 62 (1)

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