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(영문) 대전지방법원 논산지원 2014.08.19 2014고단219
공기호부정사용등
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That 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. No person who violates air defense and illegal use and Automobile Management Act shall unlawfully use an automobile registration number plate;

Nevertheless, around January 2013, the Defendant removed the C registration number plate attached to the old type VF-125cc Orala, which had been held for the purpose of exercising at the office of the Defendant located in Chungcheongnam-gun, Chungcheongnam-gun, and used it unlawfully by attaching it to the new purchase CITI100 Orala, which was attached to the new purchase.

2. On January 23, 2014, the Defendant used an unregistered CITI100 Oba and exercised an air defense that was unlawfully used on the roads in front of the Silcheon-gu, Dolcheon-gu, Chungcheongnamnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, where a registration license plate is attached, as prescribed in paragraph (1).

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of registered CITI100 MIT.

On January 23, 2014, at around 07:45, the Defendant operated the above Oralba, which was not covered by mandatory insurance on the front road of the Silcheon-gu, Dolcheon-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of D police statements;

1. Application of Acts and subordinate statutes to the actual condition survey report, accident scene photographs, chassis, mandatory insurance, each entry in the mandatory insurance bureau, or video;

1. Article 238 (1) 2 and Article 71 (1) of the Automobile Management Act (Unlawful Use of Automobile Registration Number Plate) of the same Act concerning facts constituting an offense under Article 238 (2) 2 and Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 (1) of the same Act (Unlawful Use of Automobile Registration Number Plate)

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the crimes of unlawful use of air, the crimes of violating the Automobile Management Act, and the punishment imposed on a crime of violating the Motor Vehicle Management Act of which punishment is heavier);

1. Selection of each sentence of imprisonment;

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. Social service order under the Criminal Act;

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