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(영문) 서울중앙지방법원 2017.06.29 2017고단3080
공기호부정사용등
Text

A defendant shall be punished by imprisonment for four 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

1. From February 2015 to March 2015, the Defendant violated the Automobile Management Act: (a) removed a number plate that was already registered at the home of the Defendant located in Geumcheon-gu, Geumcheon-gu; and (b) on a two-wheeled vehicle purchased by the Defendant, the number plate that was removed from the two-wheeled vehicle previously registered at the home of the Defendant located in Geumcheon-gu, Geumcheon-gu, Seoul.

Accordingly, the defendant used the official sign for the purpose of exercising it unlawfully, and at the same time used the two-wheeled automobile number plate unlawfully.

2. The Defendant had operated a two-wheeled automobile with the unregistered number plate attached from around the day of paragraph (1) to May 15:51, 2017 at the time of May 8, 2017.

Accordingly, the defendant exercised the illegally used air defense.

3. On May 8, 2017, the owner of a motor vehicle violating the Guarantee of Automobile Compensation Act was prohibited from operating a motor vehicle on a road which was not mandatory insurance policy, and the Defendant operated a two-wheeled motor vehicle that was not covered by mandatory insurance on the front of the Seoul Jongno-gu Seoul Building on May 8, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol and list of seizure;

1. Application of each statute on photographs;

1. Article 238 (1) and (2) of the Criminal Act (the occupation of an unlawful use of official marks and an event for the protection of air units), Article 78 subparagraph 2 of the Automobile Management Act, and Article 71 (1) (the occupation of an unlawful use of registration number plates) of the Automobile Management Act concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the occupation of a two-wheeled motor vehicle which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 ( normal consideration, such as confession, reflectivity, and the fact that there is no past record of punishment heavier than imprisonment without prison labor);

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

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