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(영문) 대구지방법원 상주지원 2019.07.09 2018고단323
부정사용공기호행사등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 17:00 on June 25, 2018, the Defendant used for the illegal use air defense event: (a) carried out a three-wheeled vehicle license plate which was previously used on the road prior to the Si-si B market; and (b) carried out a driving by arbitrarily attaching it to DAYSTR-II 125C 125C.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of the DAYSTR-Ⅱ 125C 125C, which has attached the number plate of the two-wheeled automobile as above, and has controlled its operational interests.

No automobile which is not covered by the mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the sub-paragraph 1 which was not covered by mandatory insurance at the same place on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Mandatory insurance policies;

1. Those who have not reported the use of a two-wheeled motor vehicle and those who have not subscribed to mandatory insurance;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant legal provisions concerning facts constituting an offense, Article 238 (2) and (1) of the Criminal Act that prescribes the choice of punishment, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating vehicles which are not mandatory insurance and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., the violation, the violation, the absence of the previous violation, and the absence of a criminal record of the suspension of execution or more);

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