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(영문) 서울북부지방법원 2016.09.29 2016고단2946
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. The Defendant was in the possession of a secondhand purchase in a fluorous place on October 2009 at a fluorous place in the air, unlawful use of the air, or an unlawful use of the air;

The "B", which was attached to VF125 motor bicycle, was removed from the car registration number plate "B", and was arbitrarily attached to the VS125 motor bicycle newly purchased by the defendant, and from that time, the above motor bicycle was operated in Seoul Metropolitan City by a day from June 9, 2016.

Accordingly, the defendant used the car registration number plate of air, which is the air, for the purpose of exercising the right, and exercised the illegally used air.

2. A person in violation of the Automobile Management Act shall not unlawfully use a vehicle registration number plate, but the defendant had purchased it at the above time and at the above place.

After leaving "B" a car registration number plate attached to VF125 bicycle, the defendant arbitrarily attached to VS125 motor bicycle and used the car registration number plate.

3. Although the Defendant was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant operated VS125 (number D) that was not covered by mandatory insurance on the front side of Jongno-gu Seoul Metropolitan Government, on June 9, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Police seizure records;

1. Engines, devices and photographs owned by the motor vehicle registration number plate, and the defendant;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 238(1) of the Criminal Act in relation to facts constituting an offense (the illegal use of official marks), Article 238(2) and Article 238(1) of the Criminal Act (the use of illegally used air) of the Automobile Management Act, Article 78 Subparag. 2 and Article 71(1) of the Automobile Management Act (the violation of the Automobile Management Act due to the illegal use of the registration number plate), Article 46(2)2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of a non- mandatory insurance vehicle).

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