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(영문) 서울중앙지방법원 2017.04.13 2016고단8401
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. No person who has violated the provisions of the Automobile Management Act and the illegal use of air shall unlawfully use a registration number plate under the Automobile Management Act;

The Defendant had a number plate attached to other Oba, with the intent to operate it, and exercised it on July 2016, while holding it in front of the Defendant’s house located in Jung-gu Seoul Metropolitan Government C for the purpose of using it as a patrol force.

D The above number plate, a registration number plate under the Public sign and Interest Management Act, was illegally used by arbitrarily attaching the number plate to the back of the VF 125cc (The chassis number: E) which was acquired without compensation from the land owner.

2. The Defendant exercised the air defense that was illegally used from the first day to September 1, 2016, by operating the above VF 125cc Orala in Seoul Special Metropolitan City from the first day to the first day of the above paragraph 1.

3. On September 1, 2016, the Defendant violated the Guarantee of Automobile Compensation Act: (a) was holding 125cc Matoba, and operated the said Matoba, which was not covered by mandatory insurance in front of the Central Market located in the Central Market, Jung-gu, Seoul, Seoul, on September 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol and list of seizure;

1. An inquiry into the enemy and mandatory insurance;

1. Application of each statute on photographs;

1. Article 238 (1) and (2) of the Criminal Act (the occupation of an unlawful use of official marks and an event for the protection of air units), Article 78 subparagraph 2 of the Automobile Management Act, and Article 71 (1) (the occupation of an unlawful use of registration number plates) of the Automobile Management Act concerning facts constituting an offense, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the occupation of a two-wheeled motor vehicle which is not mandatory insurance);

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

1. Selection of imprisonment with prison labor chosen;

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 stay of execution (i.e., pening errors, having no record of punishment heavier than imprisonment without prison labor, and the registration of unregistered errors after the instant case, and taking into account the fact that a person has subscribed to liability insurance);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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