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(영문) 인천지방법원 2019.11.28 2019고단6826
공기호부정사용등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 23, 2019, at around 06:13, the Defendant illegally used air defense, the front and rear number plate of the Chump vehicle, which was in possession for the purpose of exercising at the underground parking lot of the building B in Yeonsu-gu Incheon Metropolitan City, was attached to the front and rear number plate of the Chump vehicle owned by the Defendant, in front of the BM passenger vehicle without registration,

Accordingly, the defendant used air router number plates unlawfully for the purpose of exercising the right.

2. The Defendant posted a number plate as stated in Paragraph 1, as the time limit set out in Paragraph 1, and exercised the air defense that was illegally used by operating BMW car at the neighboring roads of Yeonsu-gu Incheon Metropolitan City and the Yeonsu-gu Incheon Metropolitan City Rool-dong.

3. Although a motor vehicle violating the Automobile Management Act cannot be operated unless it is registered in the register of motor vehicles, the defendant operated the BMW motor vehicle without registering it in the register of motor vehicles at the same time and place as that stated in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of air pollution, illegal use, etc.;

1. On-site and CCTV photographs;

1. Application of Acts and subordinate statutes for investigation report (Attachment to the Motor Vehicle Register and Data Inquiry about Work Experience);

1. Relevant Article 238 (1) of the Criminal Act, Article 238 (2) and (1) of the Criminal Act, Article 80 subparagraph 1 of the Automobile Management Act, and Articles 5 of the same Act concerning criminal facts, the choice of punishment, and the choice of punishment;

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 (i.e., the initial crime committed by the defendant and the fact that a mistake is recognized);

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