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(영문) 서울중앙지방법원 2018.04.25 2018고단1587
부정사용공기호행사등
Text

A defendant shall be punished by imprisonment for six 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. Around 14:00 on September 23, 2017, the Defendant driving a two-wheeled vehicle with B number plate attached at approximately 100 meters from the south-gu Seoul Special Metropolitan City Southern-ro to the south-ro, 1774, to the south-ro, 1781.

2. The defendant who illegally used public marks and events a two-wheeled motor vehicle has stolen B-wheeled motor vehicle at an unspecified place on July 1997, and was attached to the two-wheeled motor vehicle.

B In order to remove a number plate, the Defendant was attached to a two-wheeled automobile at a 100 e.g. numberless time and time and place specified in paragraph (1) while operating a two-wheeled automobile with B number plate from around that time, the Defendant operated a two-wheeled automobile at the time and place specified in paragraph (1) with B number plate attached.

In this respect, the defendant exercised the B number plate, which is an illegal air.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of investigation reports (referring to cases of inquiry into the number plate of a two-wheeled motor vehicle), investigation reports (referring to cases of attaching to the register of a two-wheeled motor vehicle);

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol and the choice of imprisonment), Article 238 (2) and 238 (1) of the Criminal Act concerning the crime (the point of exercising the defense of illegally used air);

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 (i.e., confession and record of crimes);

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

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