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(영문) 창원지방법원 2018.05.17 2017고단4235
공기호부정사용등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a suspended sentence of 8 months in the Changwon District Court on May 25, 2017 for a crime of violating road traffic laws (drinking), etc., and the judgment becomes final and conclusive on June 2, 2017, and is currently under suspended sentence.

[Criminal facts]

1. On October 13:50 on October 10, 2017, the Defendant: (a) changed the registration number to D as of November 30, 2015 on the road front of the Masan-dong, Masan-si, Masan-si; (b) on the road front of the Masan-si, Masan-si; and (c) on the road front of the Masan-si, Masan-si; (c) on November 30, 2015, the Defendant had operated the C-registration number plate arbitrarily attached it to the said Maba.

Accordingly, the defendant used the registration number plate of the air, the air, for the purpose of exercising the right, and exercised the illegal use air by driving the above otoba.

2. On October 10, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Compensation for Automobile Damages did not enter into a mandatory insurance policy around 13:50 on October 10, 2017, and driving a vehicle with approximately KRW 300 meters from the 65th day before the Changsi-si 65th day of Changsi-si to the front day of the said 300-day river.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. To make an inquiry into the motor vehicle register, the mandatory insurance, and making an inquiry into the motor vehicle register, with a photograph of the ozone layer, satellite photograph course, closure of the motor vehicle license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of previous convictions and judgment);

1. Relevant legal provisions concerning facts constituting an offense, Article 238(1) of the Criminal Act (the illegal use of official marks), Article 238(1) and (2) of the Criminal Act (the use of unlawful air defense), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the use of unauthorized Driving), Article 46(2)2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8 (the operation of automobiles which are not mandatory insurance), and the choice of imprisonment, respectively;

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. The defendant has reasons for sentencing under Article 48(1)1 of the Criminal Act.

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