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(영문) 서울중앙지방법원 2017.11.17 2017고단6540
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. Around June 6, 2011, the Defendant violated the Automobile Management Act: (a) attached a number plate removed from a two-wheeled automobile that was already registered at “C” located in Dobong-gu Seoul Metropolitan Government; (b) CA110 that was purchased as a second-wheeled automobile by the Defendant.

In this respect, the defendant used the official sign for the purpose of exercising, and at the same time used the two-wheeled automobile number plate unlawfully.

2. On September 1, 2017, the Defendant used a two-wheeled automobile number plate, which was unlawfully used as set forth in paragraph (1) before “F Driving Schools” in Jongno-gu Seoul, Jongno-gu, Seoul, operated a two-wheeled automobile.

Accordingly, the defendant exercised the illegally used air defense.

3. The owner of an automobile in violation of the Guarantee of Automobile Compensation Act was prohibited from operating an automobile on the road which was not mandatory insurance policy, but the Defendant operated the above unregistered CA110 two-wheeled automobile without mandatory insurance at the time and place specified in paragraph (2).

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Investigation report (specific date and receipt of the crime);

1. The photograph, primary comprehensive inquiry, and the application of the Acts and subordinate statutes related to chassis numbers;

1. Article 238 (1) and (2) of the Criminal Act related to the crime; Article 78 subparagraph 2 of the Automobile Management Act; Article 71 (1) of the Automobile Management Act; Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the confession and reflect of a crime, the same criminal record and the fact that there is no record of a crime above the suspended execution

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation.

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