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(영문) 의정부지방법원 2015.11.24 2015고단3068
공기호부정사용등
Text

A defendant shall be punished by imprisonment with prison labor for not more than four months and a fine not exceeding three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On July 20, 2015, the Defendant: (a) removed a number plate attached to the CITI-100 Orala owned by himself/herself on the front of the Defendant’s house located in Gui-si B and 2, and then arbitrarily attached the C Number plate on a meat without the number plate purchased from his/her name.

Accordingly, the defendant used illegally the symbols used by public offices for the purpose of exercising them.

2. On August 1, 2015, the Defendant used a 1km section from the front of the office of the said Defendant to the front of the 13-lane road as the front of the Guri-si, without a license for a motorcycle around 09:40 on August 1, 2015, in which the c number plate was unlawfully attached, the Defendant driven the c number plate on the 1km part from the front of the office to the front of the 13-lane road.

Accordingly, the Defendant driven a motorcycle without a motorcycle license, and exercised an air sign illegally used.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Inquiry into the enemy;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 238 (1) of the Criminal Act, Article 238 (2) and Article 238 (1) of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act, which provides applicable Article on criminal facts, the choice of punishment (the point of unauthorized Driving, the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (the fact that there is no previous conviction or heavier than the suspension of execution for the year 1977, the fact that it appears difficult to obtain the license for a motorcycle due to gramran, the fact that the period of operation of an cetobane with the above number plate unlawfully attached is not long, the fact that the health status is not good, such as suffering from chronic renal failure, and the fact that the defendant's age, character and behavior, academic background, home environment, etc.);

1. Confiscation Article 48(1) of the Criminal Act

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