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(영문) 서울중앙지방법원 2017.08.31 2017고단4472
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.

seizure.

Reasons

Punishment of the crime

1. On June 8, 2017, the Defendant: (a) removed the registration number plate of the D owner’s “E” and 125 motor bicycle riding devices for the purpose of exercising in “C” located in Jongno-gu Seoul, Jongno-gu, Seoul; (b) attached it to the two-wheeled Automobile CB400(F) owned by the Defendant, thereby denying the registration number plate of the motor vehicle which is air defense.

2. On June 9, 2017, around 9:20 on June 9, 2017, the Defendant exercised the defense of the illegally used air by operating a two-wheeled automobile CB400 (the chassis number:F) owned by the Defendant who attached the “E” motor vehicle registration number plate, such as the preceding paragraph, on the front road of Jongno-gu Seoul Metropolitan Government.

3. No person who violates the Automobile Management Act shall use any forged or falsified registration number plate, etc. of a motor vehicle, or trade, assist in trade, give or receive, or use any forged or altered registration number plate, etc.;

Nevertheless, as in paragraph 1, the Defendant removed a registration number plate for a 125 motor device bicycle in the name of D, and applied it to a two-wheeled automobile CB400 (the chassis number F) owned by the Defendant, thereby denying the registration number plate of the motor vehicle.

4. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, around 9:20 on June 9, 2017, the Defendant operated a two-wheeled automobile CB400 (F) owned by the Defendant who was not subscribed to mandatory insurance on the front of Jongno-gu Seoul Metropolitan Government roads.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol of seizure and a list of seizure;

1. Investigation report (verification of the process of acquiring number plates), and application of mandatory insurance-related Acts and subordinate statutes;

1. Article 238(1) of the Criminal Act in relation to facts constituting an offense (the illegal use of official marks), Article 238(2) and Article 238(1) of the Criminal Act (the illegal use of air) and Article 78 Subparag. 2 and Article 71(1) of the Automobile Management Act (the illegal use of registration number plates).

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