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(영문) 서울중앙지방법원 2018.09.06 2018고단4717
공기호부정사용등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an operator of the delivery agency.

1. On March 2018, at the office of “C” located in Dongjak-gu Seoul Metropolitan Government around March 2, 2018, the number plate of CA110E two-wheeled Automobiles (For chassis number: D, Vehicle Number: E) owned by the Defendant is removed, and the Defendant had the number plate.

PCX Two-wheeled Motor Vehicle (F) was attached to the PCX Two-wheeled Motor Vehicle (F) and the official symbol was denied.

2. Unlawful events for the defense of air;

A. On March 2018, around the above office, the aforementioned PCX Epip vehicle was attached with an air defense attached to the above illegal use, and G, an office employee, had G operate the above PCX two-wheeled vehicle.

B. On April 11, 2018, at the front of Dongjak-gu Seoul Metropolitan Government H, the said G had the said G operate the said PCX-2, with an air defense attached to such unlawful use as above.

Accordingly, the Defendant exercised the air defense that was unlawfully used as above.

3. On March 2018, the Defendant violated the Automobile Management Act: (a) attached the number plate of the above CA110E two-wheel automobiles (the chassis number: D, vehicle number: E); (b) attached it to the above PCX two-wheel automobiles (F); and (c) ordered employees of the above G and other offices to operate the above PCX two-wheel automobiles in Seoul Special Metropolitan City, etc. from around that time to April 11, 2018, the Defendant denied the use of the two-wheeler license plate.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. List and record of seizure;

1. Details of comprehensive vehicle traffic, application of the Acts and subordinate statutes governing enforcement photographs;

1. Article 238 (1) of the Criminal Act in relation to the facts constituting an offense (the point of unlawful use of official marks) of the relevant Act, Article 238 (2) and Article 238 (1) of the Criminal Act (the point of unlawful use air defense) of the said Act, Article 78 subparagraph 2 of the Automobile Management Act, and Article 71 (1) of the said Act (the point of violation of the Automobile Management Act);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. Article 62(1) of the Criminal Act on the suspension of execution (a confession and reflects by the defendant);

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