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(영문) 서울동부지방법원 2014.10.16 2014고단2543

자동차관리법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 22, 2013, the Defendant: (a) around 21:00-22:00 on October 22, 2013, the Defendant cut off one front registration number plate of the victim E 1 ton truck vehicle owned by the victim D, which is parked there at the victim’s bar in Songpa-gu Seoul, Seoul.

2. Around October 22, 2013, the Defendant violated the Automobile Management Act and the Defendant illegally uses an automobile registration number plate, which was attached to the Defendant’s house parking lot near G in Songpa-gu Seoul Metropolitan Government, and was seized from Songpa-gu office, and it appears that the number plate was properly delivered, for the purpose of exercising the Defendant’s right to use the front registration number plate of the stolen vehicle, such as paragraph (1), by putting the front registration number plate of the vehicle that was stolen, in hand, in the front of the said H TXG car, and using it unlawfully using one automobile registration number plate, which was an air conditioner, for the purpose of exercising the right to attach the number plate.

3. Unlawful events for the protection of air;

A. The Defendant, at the time and place specified in Paragraph 2, applied a motor vehicle registration number plate which was unlawfully used, as stated in Paragraph 2, to the Chang-dong, YG car at approximately 45 km away from the date and place, and operated HTXG motor vehicle;

B. On October 23, 2013, around 07:30 on October 23, 2013, the Defendant applied a motor vehicle registration number plate which was unlawfully used as set forth in paragraph (2) to the said Defendant’s house located at approximately 45 km away from the Changdong-dong, Jeoncheon-si.

C. On June 2014, the Defendant: (a) attached a motor vehicle registration number plate unlawfully used, as prescribed in paragraph (2), to the Defendant’s office located in Songpa-gu Seoul High Village 5km away from the Defendant’s office; and (b) operated the said motor vehicle without attaching it to the Defendant’s office.

Accordingly, the defendant exercised the illegally used air defense.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a report on investigation (related to statements held by vehicle owners) and a report on investigation (specific date and time of crime);

1. Article 78 of the Automobile Management Act concerning criminal facts;