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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment 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 July 2016, the Defendant violated the Automobile Management Act: (a) attached the number plate removed from the two existing two-wheeled apartment underground floors of the 64-lane 36, as Seocho-gu Seoul, Seocho-gu, Seoul, to the two-wheeled GR125 two-wheeled GR125.
In this respect, the defendant used the official sign for the purpose of exercising, and at the same time used the two-wheeled automobile number plate unlawfully.
2. On March 25, 2017, the Defendant, at around 12:30 on March 25, 2017, operated a two-wheeled GSS125, which attached a two-wheeled license plate for a two-wheeled automobile that was unlawfully used as above, on the front of Jongno-gu Seoul, Jongno-gu
Accordingly, the defendant exercised the illegally used air defense.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A protocol of seizure and a list of seizure;
1. Photographs;
1. The application of Acts and subordinate statutes to the investigation report (case of registration and reply to the fact of cancellation thereof), the details of response made on the next inquiry, the details of response requested for cooperation in the affairs;
1. Article 238 (1) of the Criminal Act (Unlawful Use of Official Marks) of the relevant Act on the facts constituting an offense, Article 78 subparagraph 2 of the Automobile Management Act, Article 78 subparagraph 2 of the Motor Vehicle Management Act, Article 71 (Unlawful Use of Number plates of Two-wheeled Motor Vehicles, Selection of Imprisonment), Article 238 (2) and Article 238 (1) of the Criminal Act (the occupation of exercising illegally used air defense);
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a person who violates the provisions of Article 40 and 50 for the unlawful use of official marks and for the violation of the Automobile Management Act, the number plate of which is a two-wheeled motor vehicle, and a punishment imposed on a person who
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 (Article 62 (1) of the Criminal Act on the grounds that the defendant commits a mistake);
1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation.