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(영문) 의정부지방법원 2014.11.28 2014고단3019
공기호부정사용등
Text

Defendant shall be punished by imprisonment for four months and by a fine for 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant of an unlawful use of air defense, or an unlawful use air defense event: (a) attached the “C” registration number plate acquired in around 2004, on November 2006, to the Defendant’s motorcycle, the Defendant used the construction section, attached the “C” on the 100 Estoptotoptotop, the Defendant’s motorcycle, and used the said motorcycle at the Japanese-si radius from July 17, 2014; (b) used the motor vehicle registration number plate in an unlawful way; and (c) exercised the air protection illegally used.

2. Around 15:40 on July 17, 2014, the Defendant driven a motorcycle owned by the Defendant without obtaining a motorcycle driver’s license at a section of about 2 km in front of the 3070-meter radius in front of the 3070-meter resignation at the Pocheon-si, Macheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A survey report on actual condition and photographs of each accident site;

1. Application of the ledger of driver's licenses and the Acts and subordinate statutes concerning car checking;

1. Relevant Article 238 (1) of the Criminal Act, Article 238 (2) and Article 238 (1) of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act, which provides applicable Article on criminal facts, the choice of punishment (the point of a fine for negligence in air defense), Article 238 (2) and (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (including the following favorable circumstances, etc.):

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant is presumed to have used the instant registration license plate for up to eight years, and that the Defendant would have driven the instant registration license plate with no insurance and non-license for a long time, and there are no unfavorable circumstances, such as the nature of the crime, and the fact that the instant registration license plate causes a traffic accident that causes a shock of automobiles while driving the instant obbba, on the other hand.

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