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(영문) 서울중앙지방법원 2016.09.29 2016고단4909
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 3, 2016, the Defendant was already in operation of a two-wheeled automobile (a chassis number D) newly purchased from the Defendant’s dwelling in Seodaemun-gu Seoul to the front of the Defendant’s dwelling in Seodaemun-gu Seoul around July 3, 2016, on a two-wheeled automobile (a two-wheeled automobile number D).

After attaching the "E", which is the number plate of a two-wheeled vehicle, the CIT 100, the two places were operated by approximately 4 kilometers up to 359, Cheongcheon-ro, Jongno-gu, Seoul.

Accordingly, the defendant used the marks of public offices in a fraudulent way, and used the marks of public offices in a fraudulent way.

2. The Defendant violated the Automobile Management Act: (a) arbitrarily attached a registration number plate of a two-wheeled vehicle to another two-wheeled vehicle at the same time and at the same place; and (b) unlawfully used a registration number plate.

3. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated the two-wheeled automobile, which was not covered by mandatory insurance at the same time and at the same place; (b) the two-wheeled automobile.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. An inquiry into the enemy and mandatory insurance;

1. Application of the Acts and subordinate statutes governing evidence photographs;

1. Article 238 (1) and (2) of the Criminal Act related to the facts constituting an offense (the occupation of an event for the unlawful use of official marks and the protection of air units) of the same Act, 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, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act and the main sentence of Article 8 of the same Act (the occupation of an automobile 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 suspended execution;

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Code is that the defendant's mistake is divided and reflected, the defendant has lawfully used and registered the motor vehicle after crackdown, the mandatory insurance has been purchased, the defendant has no record of committing any crime, and the defendant's age, sex, environment, family relationship, and the motive and motive for committing the crime.

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