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(영문) 서울중앙지방법원 2019.09.17 2019고단4215
공기호부정사용등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 2017, the Defendant violated the Automobile Management Act: (a) attached “D”, a registration license plate of a two-wheeled automobile, which was acquired on the way from the route to the Mac-U. 125C Two-U. (motor vehicle No. 125c. 3) newly purchased at the front of the Seoul Jung-gu, Seoul.

Accordingly, the defendant used the mark of public office for the purpose of exercising, and used the registration number plate unlawfully.

2. Around June 21, 2019, the Defendant used the two-wheeled automobile with a registration number plate attached from the front street of Seoul Jung-gu to the front street of Jongno-gu Seoul, Jongno-gu, Seoul, for approximately 8 km section as described in the foregoing paragraph 1.

Accordingly, the defendant exercised the marks of public offices that were unlawfully used.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act, without purchasing mandatory insurance around June 21, 2019, operated the said two-wheeled automobile owned by himself as described in the foregoing 2.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs and registration number plates taken at the time of arrest;

1. Relevant provisions of Article 238 (1) of the Criminal Act concerning criminal facts, subparagraph 2 of Article 78, Article 71 (1) of the Automobile Management Act, Article 238 (2) and Article 238 (1) of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the crimes of unlawful use of air, the crimes of violating the Automobile Management Act, and the punishment imposed on a crime of violating the Motor Vehicle Management Act of which punishment is heavier);

1. Selection of each sentence of imprisonment with prison labor (excluding the crimes of unlawful use air defense)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

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