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(영문) 서울중앙지방법원 2016.09.23 2016고단4050
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for four months.

Seized evidence 2 (number plates) shall be confiscated.

Reasons

Punishment of the crime

[Criminal record] On April 1, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on the Aggravated Punishment, etc. of Specific Crimes, and on July 10, 2014, the Defendant completed the enforcement of the sentence at the Seoul Detention Center.

[Criminal facts]

1. The Defendant who violated the provisions of the air defense, unlawful use of the air, and the Automobile Management Act was operated by himself in the vicinity of the territorial Do in Jongno-gu Seoul, Jongno-gu, Seoul, on January 2016;

The registration number plate of the two-wheeled vehicle was removed, and the number plate of the two-wheeled vehicle was displayed in order to make it difficult to identify the number of the registration number plate, and the entire registration number plate was displayed using the verification color press.

After that time, the two unregistered SL125, which was accepted for the purpose of use after acquiring from the frontway of 101 by 400 Cheongcheon-ro, Jung-gu, Seoul, Jung-gu, Cheongcheon-ro, was attached to the two wheeled SL125.

As a result, the Defendant intentionally shielded the registration number plate or made it illegible, used the marks of public offices unlawfully for the purpose of exercising them, and used the registration number plate unlawfully.

2. On February 26, 2016, around 19:30 on February 26, 2016, the Defendant was operating a two-wheeled vehicle without reporting SL125, attaching C registration number plate, as described in paragraph 1, on the front side of Jongno-gu Seoul Metropolitan Government D.

Accordingly, the defendant exercised the illegally used air defense.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. The identification number, chassis number, and registration number plate photograph;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (the confirmation of repeated crimes, copies of judgments, and current status of personal confinement);

1. Article 238(1) of the Criminal Act in relation to the facts constituting an offense (the act of illegally using official marks), Article 238(2) and Article 238(1) of the Criminal Act (the act of exercising illegally used air), Article 78 Subparag. 2 and Article 71(1) of the Automobile Management Act (the act of illegally using two-wheeled vehicle number plates) of the said Act, Article 81 Subparag. 1-2 and Article 10(5) of the Automobile Management Act (the act of intentionally using two-wheeled vehicle number plates) of the said Act.

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