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(영문) 서울중앙지방법원 2020.12.23 2020고단8412
부정사용공기호행사등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 2005 to around 2010, the Defendant: (a) removed the number plate of the “B” 100-wheeled vehicle from the CITI to the “B” 100-wheeled vehicle; and (b) did not report the use by arbitrarily attaching it to the vehicle owned by the Defendant; and (c) had the intent to operate the said CITI PAL US two-wheeled vehicle.

1. At around 10:20 on September 28, 2020, the Defendant operated and exercised the CIT PALUS PEU Corpact vehicles with an air sign attached with the “B” number plate attached to the air unit, which was used unlawfully on the front side of Dongjak-gu Seoul Metropolitan Government, Seoul.

2. No owner of any motor vehicle violating the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the said CIT PAL US car that was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of the suspect examination of the police of November 27, 2020 against the defendant;

1. Control note;

1. Investigation report (Attachment to the register of two-wheeled automobiles used by a suspect);

1. Reporting on investigation (Submission of Materials for Suspect);

1. Report on internal investigation (to make a statement by a control police officer);

1. On-the-spot report (the correction of a model name of the ozone operated by the suspect) - On-site photographs at the time of crackdown;

1. Investigation report (D business statement);

1. Investigation report (Attachment to CITI 100 and CTPPlus photographs);

1. Application of the investigation report (the statement of staff members of the board of bankruptcy) statute

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 238 (2) and (1) of the Criminal Act that prescribes the choice of punishment, and Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating two-wheeled motor vehicles which are not mandatory insurance, and the choice of imprisonment);

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes of exercising the said two crimes, which are heavier than the punishment, to the punishment prescribed in the crime of exercising the said two crimes);

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.

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