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(영문) 서울북부지방법원 2021.01.15 2020고단4363
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 2020, the Defendant violated the Automobile Management Act by illegally using air and by illegally using a two-wheeled vehicle number plate in front of the Defendant’s residence in Seongbuk-gu Seoul, Seoul. On the other hand, the Defendant illegally used a two-wheeled vehicle number plate obtained by the Defendant in front of the Defendant’s residence in Seongbuk-gu, Seoul, for the purpose of uttering by attaching it to a two-wheeled vehicle without a number plate owned by the Defendant.

2. On October 14, 2020, around 07:10 on October 14, 2020, the Defendant, who illegally used public marks, exercised the air defense that was illegally used by operating the above Oba in the neighboring India of Seongbuk-gu Seoul, Seongbuk-ro 167.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Application of statutes to inquire about registration numbers of two-wheeled automobiles;

1. Article 78 subparagraph 2 of the relevant Act on the Management of Motor Vehicles for Criminal Facts, Article 71 (1) (the illegal use of a license plate for a two-wheeled motor vehicle), Article 238 (1) of the Criminal Act (the illegal use of a license plate for a two-wheeled motor vehicle), and Article 238 (2) and Article 238 (1) of the Criminal Act (the use of a license plate for a two-wheeled motor vehicle) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment prescribed for a crime of violating the Automobile Management Act, between the crimes of violating the said Act and the crimes of unlawful use of air, and between the punishments prescribed for a crime of violating the Automobile Management Act of which punishment is heavier);

1. Selection of imprisonment with prison labor for a violation of the Motor Vehicle Management Act;

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 (The following circumstances considered in favor of the reasons for sentencing);

1. In addition to the following circumstances, for the reason of sentencing under Article 48(1)1 of the Criminal Act, a punishment like the order shall be determined and the execution thereof shall be postponed, taking into account the circumstances revealed in the records and arguments, such as the defendant's age, sexual conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime.

The defendant's crime is a crime that harms the public credibility of two-wheeled vehicle license plate, air, and the liability for the crime is not easy.

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