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(영문) 서울중앙지방법원 2018.10.04 2018고단4762
공기호부정사용등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person shall unlawfully use a license plate of a two-wheeled motor vehicle, in violation of the provisions of the air defense, unlawful use, and Automobile Management Act;

On May 5, 2018, around 17:40, the Defendant arbitrarily attached to the two-wheeled automobile of “X500” (TMAX): “X500 (TMAX): 499C two-wheeled automobile of “X500 (TMAX)” (TMAX : c) purchased as a second class, for the purpose of operating without registration, the number plate removed from the two-wheeled automobile of “E” under the name of his mother, “E” MAX250c. 249C.

Accordingly, for the purpose of exercising, the Defendant used the “E” number plate of two-wheeled automobile, which is air.

2. On May 5, 2018, from around 17:40 to around 18:20, the criminal suspect holding an unlawful use sign board was attached to the two-wheeled vehicle number plate of the two-wheeled vehicle, air unit, which is the air unit that was used unlawfully as prescribed in the above paragraph (1), and exercised the above air unit that was used unlawfully by operating it through the two-wheeled vehicle with the above “X500” owned by the criminal defendant.

3. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated a two-wheeled automobile of “X500” owned by the Defendant without mandatory insurance at the same time and at the same place as the above Paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of each statute on photographs;

1. Article 238 (1) of the Criminal Act applicable to the facts constituting an offense; Article 78 subparagraph 2 of the Automobile Management Act; Article 71 (1) of the Motor Vehicle Management Act (the illegal use of a two-wheeled motor vehicle license plate); Article 238 (2) and Article 238 (1) of the Criminal Act (the use of a two-wheeled motor vehicle) of the same Act; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of a motor vehicle with no mandatory insurance).

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of unlawful use of official marks).

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