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(영문) 서울동부지방법원 2017.06.08 2017고단643
공기호부정사용등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 8, 2017, around 13:30 on March 8, 2017, the Defendant: (a) removed a “E” number plate attached to the Defendant’s own car owned by Seongdong-gu Seoul from “D”; and (b) unlawfully used the car registration number plate, which is the air, by attaching the front license plate to the Defendant’s car operated by the Defendant.

2. On March 8, 2017, around 14:30 around 14:30, the Defendant exercised an air defense for unlawful use by attaching and operating a “E” number plate removed from a motor vehicle owned by the Defendant, as described in paragraph 1, from the place indicated in paragraph 1 to the front of the Seoul Gwangjin-gu Seoul Special Metropolitan City.

3. No person shall operate a passenger car that has not been covered by mandatory insurance.

Nevertheless, the Defendant operated the said rocketing car which was not covered by mandatory insurance at the time and place specified in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Inspection of the motor vehicle registration ledger, and inquiry into mandatory insurance;

1. Application of statutes on site photographs;

1. Article 238(1) of the Criminal Act applicable to the facts constituting an offense (the use of symbols illegally), Article 238(2) and Article 238(1) of the Criminal Act (the use of illegally used air) of the same Act, Article 46(2)2 and Article 8 of the Guarantee of Automobile Compensation Act (the purchase of mandatory insurance and choice of imprisonment with labor);

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 stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The Defendant’s crime of this case is highly likely to be subject to criticism in light of the following: (a) the purpose of sentencing Article 62-2 of the Social Service Order Act is to unlawfully use and use a car number plate, which serves as the basis of traffic safety and trust; and (b) the operation of a motor vehicle that

However, the defendant reflects the error in depth, and the period of exercise of the motor vehicle number plate illegally used is shorter.

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