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(영문) 수원지방법원 여주지원 2019.08.20 2019고단535
공기호부정사용등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On January 2019, the Defendant: (a) removed a number plate from a C-wheeled Motor Vehicle at a plant located in Singingju City, which was held by the Defendant at a factory located in Singju City, and (b) exercised an air defense that was used unlawfully by operating 300cc two-wheeled Motor Vehicles for the purpose of arbitrarily attaching it on the back of 300cc two-wheeled Motor Vehicles holding no number plate owned by the Defendant; (c) from around that time to April 21, 2019, the Defendant used the two-wheeled Motor Vehicle number plate, which was air to be used unlawfully by operating 30cc two-wheeled Motor Vehicles with the above C-Serial plate attached from that time.

2. On April 21, 2019, at around 11:43, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) operated a 300cc two-wheeled vehicle with a license for a two-class small-sized vehicle with a blood alcohol concentration of at least 0.053% under the influence of alcohol, without obtaining a license for a two-class driver from the section of 3km in front of the D apartment at Priju-si, the same time from the front of the D apartment at Priju to the 1st intersection road located in the same time as the 1st intersection.

3. No automobile which is not covered by the mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on the road; and

Nevertheless, the Defendant operated a two-wheeled 300c two-wheeled Gagki, which had attached a license plate that was not covered by mandatory insurance at the time and place mentioned in the foregoing 2.2.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Report on the situation of operation without a license;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant statutory provisions of Article 238(1) and Article 238(2) of the Criminal Act for criminal facts (Unlawful Use of Air Code) and Article 238(1) of the same Act, Articles 148-2(2)3, 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 152 subparag. 1 and 43 of the same Act for criminal facts; Article 46(2)2 and the main text of Article 8 of the Guarantee of Automobile Accident Compensation Act.

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