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(영문) 서울남부지방법원 2020.03.18 2019고단5701
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. The Defendant: (a) obtained a license plate from June 20, 2017 to June 2018; (b) obtained a license plate from “B”; and (c) applied a two-wheeled motor vehicle (motor vehicle number: C) owned by himself/herself from then on to June 15:0, 201; and (b) driven by the Japanese motor vehicle in Seoul Metropolitan City and the Japanese motor vehicle zone in Gyeonggi-do from June 22, 2019 to June 15:0.

Accordingly, the defendant used a two-wheeled automobile number plate which is air defense in a fraudulent way, and exercised it.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) around 15:00 on June 22, 2019, operated a two-wheeled automobile (vehicle No. C) that was not mandatory insurance in the vicinity of the mountain basin located in Gangseo-gu Seoul Metropolitan Government; (b) from March 2, 2016 to June 15:00, the Defendant operated a two-wheeled automobile that was not mandatory insurance.

Summary of Evidence

1. Partial statement of the defendant;

1. On-site autopsy photographs;

1. PDA photographs;

1. Report on internal investigation (attached to a report on the loss of number plates and a report on the loss of number plates) and a report on the entry;

1. Investigation report (victim D telephone communications);

1. Request for cooperation in investigation (request for delivery of the vehicle register) and details of replies;

1. Investigation report (to hear victim's telephone statements);

1. Request for an investigation cooperation crime, and details of replies;

1. The defendant asserts that the investigation report (verification of whether two-wheeled automobile driving is mandatory insurance for the suspect) only purchased a two-wheeled automobile with the instant number plate and operated it as a condition, and did not know that the two-wheeled automobile should purchase mandatory insurance in the case of two-wheeled automobile, and that there was no intention to use the air illegally and to violate the Guarantee of Automobile Accident Compensation Act.

However, the Defendant purchased a two-wheeled automobile with the instant number plate attached around B in 2016, but the instant number plate was no longer a number plate attached to one’s two-wheeled automobile on June 20, 2017, and filed a theft report. The Defendant filed the instant two-wheeled automobile on June 20, 2017 to around 2018.

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