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(영문) 대전지방법원 서산지원 2018.07.05 2018고단386
공기호부정사용등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On May 2016, the Defendant: (a) removed a car registration number plate of DIT 100 Otoba in the direction of DIT I 100 Oba in the front direction of C in Jin-si, Jindo; and (b) attached it to DIT I 100 Oba.

Accordingly, the defendant used the official symbol for the purpose of exercising the right.

2. The Defendant, at around 11:05 on March 10, 2018, driven the F-ro in Jin-si, Jin-si, from around 1km to the front road in Jin-si, Jin-si, at approximately 1km to the front road in Jin-si, with the registration number plate attached, as described in paragraph 1.

Accordingly, the defendant exercised the illegally used air defense.

3. Violation of the Road Traffic Act (unlicensed driving) and violation of the Guarantee of Automobile Compensation Act, the Defendant driven the automobile without registration listed in paragraph (2) without obtaining a motor bicycle license at the time and place stated in paragraph (2) and without obtaining a mandatory insurance policy.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. An adjacent inquiry (D);

1. Mandatory insurance (D);

1. Application of the laws and regulations on the enforcement photograph and the body number photograph;

1. Relevant legal provisions of the Criminal Act, Article 238 (1) of the Criminal Act (the illegal use of official codes, the choice of imprisonment), Article 238 (2) and Article 238 (1) of the Criminal Act (the use of unlawful air defense, the choice of imprisonment), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 (the point of operating automobiles which are not mandatory insurance, the choice of imprisonment), Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the point of operating automobiles which are not mandatory insurance, the choice of imprisonment), Articles 154 subparagraph 2 and 43 of the Road Traffic Act;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant's mistake is against the defendant, the defendant does not cause any traffic accident, etc.

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