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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On September 29, 2018, at around 18:00, the Defendant illegally used air defense marks for the purpose of using them by removing the number plates of DXCITING 250 OE under the name of the Defendant and attaching them to the above AE XP500 OE, which are registered in the name of the Defendant for the start-up of a heavy-of-registration YP500 OE, operated by the Defendant in Dongjak-gu Seoul Metropolitan Government B building.
2. On September 30, 2018, around 15:20 on September 30, 2018, the Defendant, in violation of the Automobile Management Act, exercised an illegally used air defense by operating a YP500 otobane with a D two-wheeled license plate attached, as described in paragraph (1), and at the same time, unlawfully used a two-wheeled automobile license plate.
3. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of an objection against the YP500 OE.
The Defendant operated YP50 Obama which was not covered by 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. Application of Acts and subordinate statutes to data taken by police officers on the spot;
1. Article 238 (1) of the Criminal Act in relation to the facts constituting the crime (the illegal use of official marks), Article 238 (2) and Article 238 (1) of the Criminal Act (the occupation of exercising illegally used air), subparagraph 2 of Article 78 and Article 71 (1) of the Automobile Management Act (the occupation of denying the use of two-wheeled automobile license plate) of the same Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the occupation of operating a motor vehicle with no mandatory insurance)
1. Supreme Court Decision 2004Do4621 Decided September 24, 2004, Supreme Court Decision 40 and Article 50 of the Criminal Act
1. Selection of imprisonment with prison labor for a violation of the Motor Vehicle Management Act, and the guarantee of automobile damage compensation;
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 suspended execution;
1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is against the defendant, and the defendant will temporarily engage in a trial run before being registered and sold.