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(영문) 서울중앙지방법원 2017.12.20 2017고단6748
공기호부정사용등
Text

A defendant shall be punished by imprisonment for not more than ten 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 September 17, 2017, the Defendant violated the Automobile Management Act: (a) unlawfully used a car registration number plate for the purpose of arbitrarily attaching a car registration number plate (D) attached to a motor device (140C) that was owned by the Defendant on the front side of Seongdong-gu Seoul, the Defendant’s residence, on September 17, 2017, on the front side of Seongdong-gu, Seoul.

2. From September 9, 2017 to September 10:15, 2017, the Defendant: (a) attached a registration number plate (D) for a bicycle with a VL125 motor device to a VL125 motor device; and (b) exercised a registration number plate for a motor vehicle used unlawfully by operating the bicycle in a single unit in Seoul Metropolitan City.

3. The Defendant in violation of the Guarantee of Automobile Damage Security Act is a holder of VL125 motor device ( chassis number C).

On September 10, 2017, the owner of a motor vehicle is prohibited from operating a motor vehicle on the road, but the defendant operated the above VL125 bicycle on the front side of Dongdaemun-gu Seoul, Dongdaemun-gu, without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Application of Acts and subordinate statutes, such as a written inquiry about non- mandatory insurance;

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 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. Order of community service: Article 62-21 of the Criminal Act;

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