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(영문) 의정부지방법원 2016.05.24 2015고단4569

공기호부정사용등

Text

A defendant shall be punished by imprisonment for six 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 June 2015, the Defendant violated the Automobile Management Act by illegally using air, and the Defendant committed a violation of the Automobile Management Act, without authority, for the purpose of exercising the registration number plate of the back-of-board Track freight vehicles owned by the E Company in front of the D restaurant in Macheon-si, Mancheon-si, by attaching the registration number plate of the back-of-board Tracking freight vehicles owned by the E Company to the G Tracler, and at the same time violated the Automobile Management

2. On September 2, 2015, the Defendant: (a) obstructed the vehicle in the vicinity of the Sucheon-si Syeast-si Syeast-si Syeast-si Syeast-si, Syeast-si; (b) around September 4, 2015, around September 09:0, around September 5, 2015; (c) around September 08:41, 2015; (d) around 10:36 September 10, 2015; (d) around the west-si, Syeast-si, Syeast-si; and (e) around September 12:51, 2015; and (e) around September 10, 2015, around the intersection of the said vehicle in the vicinity of the Cycheon-si, Syeast-si; and (e) obstructed the vehicle in the vicinity of the Cyle-si on September 10, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Original register and photographs of motor vehicle registration;

1. A tea-type inquiry (G);

1. The original register of motor vehicle registration (G), the original register of motor vehicle registration (F);

1. Specific photographs on the date of crime;

1. Detection of the detection site;

1. Application of Acts and subordinate statutes to photograph photographs of transit vehicles;

1. Subparagraph 2 of Article 78, Article 71(1) of the Automobile Management Act (amended by Act No. 13486, Dec. 29, 2015); Article 238(1) of the Criminal Act (illegal use of official marks) and Article 238(2) and Article 238(1) of the Criminal Act for criminal facts

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the between a crime of violating the Automobile Management Act following the unlawful use of a motor vehicle number plate and the crimes of unlawful use of air : A punishment prescribed for a crime of violating the Motor Vehicle 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 punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the punishment heavier than that provided for in the Management of Motor Vehicles Act).