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(영문) 서울중앙지방법원 2017.09.13 2017고단4897
공기호부정사용등
Text

A defendant shall be punished by imprisonment for six 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. On June 2017, the Defendant violated the Automobile Management Act and the illegal use of air, and the violation of the Automobile Management Act attached a number plate which was removed from a two-wheeled vehicle already registered at the underground parking lot of apartment apartment in Seongdong-gu Seoul, Seongdong-gu, Seoul, to the IMOEVO two-wheeled vehicle.

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

2. Around July 5, 2017, the Defendant, at around 03:44, operated a two-wheeled automobile with a two-wheel license plate attached to the two-wheeled automobile number plate attached to the front of Seongdong-gu Seoul, Seongdong-gu, Seoul.

Accordingly, the defendant exercised the illegally used air defense.

3. Although the owner of a motor vehicle violating the Guarantee of Automobile Compensation Act was prohibited from operating a motor vehicle on the road which was not mandatory insurance, the Defendant operated the said unregistered WESV certificate that was not covered by mandatory insurance at the time and place of paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The written statement of the defendant;

1. Protocols of seizure and list of seized articles and photographs thereof;

1. Application of Acts and subordinate statutes to the next inquiry session;

1. Article 238 (1) and (2) of the Criminal Act (the illegal use of official marks and the use of illegally used air defense) of the relevant Act on criminal facts, Article 78 subparagraph 2 of the Automobile Management Act, and Article 71 (1) of the Automobile Management Act (the use of unlawfully registered car number plates) and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act (the use of cars which are not mandatory insurance);

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

1. Selection of imprisonment with prison labor for a violation of the Motor Vehicle Management Act, and the guarantee of automobile damage compensation;

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 suspended execution;

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

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