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(영문) 대구지방법원 포항지원 2018.10.04 2018고단946
공기호부정사용등
Text

A defendant shall be punished by imprisonment for four 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

1. On June 10, 2018, the Defendant illegally used air honobly used the number plate (E) of the two-wheeled automobile, which was in custody upon the request of the customer D, on the three-wheeled automobile (T) by attaching the number plate of the two-wheeled automobile (E) to the Defendant’s two-wheeled automobile (Tho 100C).

2. On June 16, 2018, the Defendant exercised the air defense that was illegally used by operating a two-wheeled vehicle with a license plate registered in D’s name on the front of G in North-gu, North-si, North-si, North-si, North-si, North-si.

3. On June 16, 2018, the Defendant violated the Road Traffic Act (drinking) operated the said two-wheeled vehicle with an E number plate attached from approximately 1km to G located in the same Gu, from the I restaurant located in the north-gu, Pohang-si, at the port, under the influence of alcohol level of 0.182% during blood transfusion on June 16, 2018 to the G located in the same Gu.

4. A person who violates the Guarantee of Automobile Compensation Act shall not operate a motor vehicle which is not covered by mandatory insurance, but the defendant operated the two-wheeled motor vehicle at the time and place mentioned in the above three paragraphs, and at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of a certificate of disuse of a two-wheeled motor vehicle, a photograph of a unregistered two-wheeled two-wheeled motor vehicle (number plate attached), an inquiry into the tea, and an inquiry into mandatory insurance statutes;

1. Relevant legal provisions concerning criminal facts and the illegal use of the selective air unit: The occupation of an event for the protection of illegally used air under Article 238 (1) of the Criminal Act: Article 238 (2) and Article 238 (1) of the Criminal Act: Operation of two-wheeled motor vehicles which are not mandatory insurance under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act: The occupation of operating two-wheeled motor vehicles: Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the choice 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. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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