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(영문) 수원지방법원 안양지원 2018.12.18 2018고단1684
부정사용공기호행사등
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. From 20, Jun. 29, 2018 to 21:20 on the same day from Jun. 29, 2018, the Defendant held the unlawful use of the registered number plates of B C Two-wheeled Motor Vehicle No. 25 meters in the section of approximately 25km, which was distributed via the distribution of Seocho-gu Seoul, Seocho-gu, Seoul, for approximately 21:20 on the same day, from Jun. 29, 2018, by using the cBR40R, attaching it to the cBR 400R, and exercising the illegally used air.

2. The Defendant violated the Automobile Management Act, as the owner of mixed CBR400Ra, and (1) as the head of Si/Gun/Gu around May 2018, the Defendant, without obtaining the approval of the head of Si/Gun/Gu around May 2018, installed and operated the pedago, as described in paragraph (1) and at the same time and place.

3. The Defendant violated the Guarantee of Automobile Damage Compensation Act, as the Defendant owned CBR400R, and operated the above Oba, which was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of detection;

1. Investigation report (investigation of a vehicle subject to suspicion);

1. Photographss of the two-wheeled vehicle (s) and vehicle number plate photographs;

1. Application of Acts and subordinate statutes to investigative cooperation replys (verification of details of mandatory insurance subscription);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 238(2) and 238(1) of the Criminal Act concerning the choice of punishment (which means the exercise of the defense for illegal use), Article 81 subparag. 19, Article 34 of the Automobile Management Act (which means the non-approval of a penalty), Articles 81 subparag. 20 and 34 of the Motor Vehicle Management Act (which means the operation of a motor vehicle which has not been approved, the choice of imprisonment), Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (which means the use of mandatory insurance and 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act are against each other; the first offender; the Defendant’s age, sex, environment, circumstances before and after the commission of the crime; and other factors, including the Defendant’s age, sex, circumstances before and after the commission of the crime.

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