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(영문) 서울중앙지방법원 2017.09.07 2017고단4465
공기호부정사용등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. On November 2016, the Defendant, in violation of the Automobile Management Act, removed the registration number plate for the bicycle in front of his house located in Dongdaemun-gu Seoul, Dongdaemun-gu, on the roads in front of the Defendant’s house, using a drick, and then illegally uses the registered number plate for the bicycle in front of the Defendant’s house and using the drick, the Defendant used the dratized MGAJET 125C motor device (the chassis number D) that he purchased on his own, and then unlawfully uses the dratized MGJET 125c motor device from the head of the drat, as if he was issued with the above unreported MGJET 125c motor bicycle, from May 10, 2017 to May 27, 2017.

2. On May 10, 2017, the Defendant violated the Guarantee of Automobile Compensation Act: (a) as a holder of the MGGJET 125C motor bicycle (number D) without mandatory insurance, the Defendant operated the said motor bicycle on the front road of the F pharmacy located in Jongno-gu Seoul, Jongno-gu, without mandatory insurance on May 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol and list of seizure, tea inquiry, and inquiry into mandatory insurance;

1. Application of motor system, bicycle riding and photographic Acts and subordinate statutes;

1. Article 238 (1) of the Criminal Act in relation to the facts constituting an offense (the illegal use of marks), Article 238 (2) and Article 238 (1) of the Criminal Act (the occupation of exercising illegally used air), Article 78 subparagraph 2 of the Automobile Management Act, and Article 71 (1) of the Motor Vehicle Management Act (the occupation of denying the use of two-wheeled motor vehicle license plate) of the same Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act (the occupation of operating motor vehicles which are not mandatory insurance);

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

1. Selection of imprisonment with prison labor for a violation of the Motor Vehicle Management Act, and the guarantee of automobile damage compensation;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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