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(영문) 창원지방법원 통영지원 2019.09.10 2019고단734
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

On March 2019, the Defendant: (a) obtained the Cmotor bicycle license plate from which the victim’s name was lost; and (b) did not take necessary procedures such as returning to the victim; and (c) embezzled the property that he/she had on his/her own idea and has lost the victim’s possession; and (d) embezzled the property that he/she has lost the victim’s possession.

On March 2019, the Defendant unlawfully used the Cmotor bicycle license plate, which is the air string, acquired as described in paragraph (1), in the Defendant’s residence located in Sinyoung-si, the end of March 2019, attaching it to the Defendant’s non-registered “Mixed CBF125” motor bicycle for the purpose of exercising.

The Defendant of an illegal use air defense event exercised the air defense that was operated from the date and time stated in paragraph (2) to April 25, 2019 by the day from April 25, 2019.

On April 25, 2019, at around 06:39, the Defendant was driving a motorcycle without obtaining a motorcycle license from around 2 km section from the front of the residence of the Dong in Si/Gu, to the front of the bus stops at the time of the opening of the cell, the cell, the bus stops, and the above mixed CBF125 motorcycles without obtaining a motorcycle license.

The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the owner of the above motorcycle, operated the above motorcycle which is not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Registers of driver's licenses;

1. A report on internal investigation (related photographs);

1. Application of Acts and subordinate statutes to an investigation report (verification that the injured party does not own the error of this case), reply to a request for cooperation in investigation (request for the provision of details of purchase of mandatory motor vehicle insurance)

1. Relevant Article 360(1) of the Criminal Act and Article 360(1) of the choice of criminal facts (the point of embezzlement, the choice of imprisonment), Article 238(1) of the Criminal Act (the point of unlawful use of air, the choice of imprisonment), and the choice of punishment;

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