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(영문) 서울서부지방법원 2020.12.01 2020고단3223
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 2020, the Defendant violated the Automobile Management Act: (a) attached the “B” registration license plate of a two-wheeled automobile, which was received from a person who was not his/her name, to a two-wheeled automobile (a mixed XZ100) that was operated by himself/herself.

Accordingly, the Defendant used the two-wheeled automobile registration number plate unlawfully and used the air for the purpose of exercising at the same time.

2. At around 22:20 on May 24, 2020, the Defendant: (a) operated the two-wheeled automobile with the attachment of the registration number plate of the “B” two-wheeled automobile on the unreported two-wheeled automobile in Mapo-gu Seoul; and (b) exercised the air that the two-wheeled automobile was used unlawfully by attaching it to the unreported two-wheeled automobile, as described in paragraph (1).

3. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle with no mandatory insurance.

The Defendant operated a two-wheeled automobile (Mixed X100) owned by the Defendant without having subscribed to mandatory insurance at the time and place specified in paragraph (2).

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. An inquiry into the enemy (B);

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

1. Relevant legal provisions concerning criminal facts: Article 238 (1) of the Criminal Act; Article 78 subparagraph 2 of the Automobile Management Act; Article 71 (1) of the Automobile Management Act; Article 238 (2) and Article 238 (1) of the Criminal Act; Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act; the main sentence of Article 8 of the Automobile Accident Compensation Act;

1. Selection of an alternative imprisonment with labor (with respect to a violation of Automobile Management Act and a violation of the Guarantee of Automobile Accident Compensation Act) under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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

1. Article 62 (1) of the Criminal Act;

1. The fact that the responsibility for the crime is not easy in light of the reason for sentencing under Article 62-2 of the Criminal Act, and the defendant.

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