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(영문) 서울중앙지방법원 2020.10.16 2020고단5038
공기호부정사용등
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

1. No person who violates the Automobile Management Act shall forge, alter or unlawfully use a two-wheeled automobile number plate, etc. under the Motor Vehicle Management Act;

On January 20, 2020, the Defendant removed “C” number plates attached to a two-wheeled vehicle of 49C 49C that the Defendant had previously owned at the residence of the Defendant located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, and attached them to VC125 (Motor No. D) that he purchased at the end.

Accordingly, the defendant used a two-wheeled automobile number plate for the purpose of exercising it.

2. From January 2020 to June 14:12, 2020 to June 29, 2020, the Defendant used the number plate of two-wheeled automobile, which is an air unit, which was an air unit used unlawfully by operating a two-wheeled automobile number plate, as described in paragraph 1, at Incheon and Jongno-gu Seoul.

3. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road where mandatory insurance is not subscribed;

Nevertheless, around 14:12 on June 29, 2020, the Defendant operated a two-wheeled automobile not covered by mandatory insurance on the roads near Jongno-gu Seoul, Jongno-gu, Seoul.

Summary of Evidence

1. The case site of the defendant's legal statement (the motor bicycle photographs of VC125 for driving a suspect);

1. Application of the Acts and subordinate statutes to report on investigation into seizure records (vehicle registration data and TTS inquiry of a suspect);

1. Article 78 subparagraph 2 of the relevant Act of the Automobile Management Act, Article 71 (1) of the said Act, Article 238 (1) of the Criminal Act, Article 238 (2) and Article 238 (1) of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the said Act concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crimes of violating the Automobile Management Act, the crimes of unlawful use of air defense, and the punishment imposed on the crimes of violating the Motor Vehicle Management Act with heavier punishment).

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