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(영문) 수원지방법원 여주지원 2017.09.20 2017고단806
공기호부정사용등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On January 2016, the Defendant: (a) scrapped the two-wheeled vehicle owned by the Defendant on a two-wheeled vehicle of 100C that he purchased at the office of the Defendant in Ischeon-si; and (b) attached a number plate of the two-wheeled vehicle that the Defendant had owned before towing, without returning it.

On April 6, 2017, the Defendant, without obtaining a license for a motor device bicycle, driven a two-wheeled 100cc or a two-wheeled 20cc or a two-wheeled 20cc or a two-wheeled 20cc or a two-wheeled 20cc or a two-wheeled 20cc or more without mandatory insurance.

Accordingly, the defendant driving a two-wheeled automobile not covered by mandatory insurance without a motor device bicycle license, and illegally used a number plate of air hosp and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Arrest report on the occurrence of the case and report on the situation of unlicensed driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant Article 238 (1) of the Criminal Act, Article 238 (2) and Article 238 (1) of the Criminal Act, Article 238 (1) of the Criminal Act (the use of symbols illegally), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of the vehicle by which the mandatory insurance is not carried out, the choice of fines), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the occupation of operating the vehicle by which the mandatory insurance is not carried out, and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and 3, and Article 50 of the same Act [the punishment of imprisonment with prison labor for an aggravated punishment for concurrent crimes and a fine prescribed for a violation of Road Traffic Act (unlicensed driving) shall be concurrently imposed on a person who commits a violation of the Act on the Punishment of Concurrent Crimes, the Punishment of Illegal Use, the Punishment of Illegal Use, the Punishment of Private Use, and the Guarantee of Automobile Compensation)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution;

1. It has been punished several times for the same kind of crime as the sentencing of Article 334(1) of the Criminal Procedure Act.

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