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(영문) 의정부지방법원 2020.02.14 2019고단5517

공기호부정사용등

Text

A defendant shall be punished by imprisonment for six months.

However, 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

No person shall unlawfully use a registration number plate of a motor vehicle.

Nevertheless, the Defendant: (a) attached the number plate of the B low-end passenger car cancelled around July 14, 2018 to the panion of the car in front of the car; (b) around October 19, 2019, the Defendant operated the said rocketing car at approximately 600 meters from the front of the C apartment to the front road in the Namyang-si, Namyang-si; and (c) around October 19, 2019, from around 600 meters to the front road in the Southern-si.

For this purpose, the Defendant used the air signator registration number unlawfully, and exercised the air signator registration number unlawfully used.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection (Violation of the Automobile Management Act);

1. A written statement of public officials viewing South Korea;

1. Photographs of the results of inspection of the cancelled vehicle and on-site photographs;

1. Investigation report (involving dispositions, such as vehicle number B penalty and fine for negligence);

1. A criminal investigation report (attached to a case number 2018-008712);

1. A report on the results of search of persons under investigation and documents available for public inspection;

1. Investigation reports (on-site investigations, vehicle access records, and CCTV images);

1. On-site photographs;

1. Photographs of details of vehicle access;

1. Written confirmation of automobile-scrapping;

1. A written confirmation of investigation (a summary order for similar cases shall be attached);

1. Investigation confirmation (verification of the cancellation date of registration number plate);

1. Application of Acts and subordinate statutes to confirm an investigation;

1. Article 238 (1) of the Criminal Act of the relevant Act concerning criminal facts, Article 238 (2) and (1) of the Criminal Act, Article 238 (1) of the Criminal Act (a point of exercising illegal air defense), subparagraph 2 of Article 78 of the Automobile Management Act, and Article 71 (1) of the Automobile Management Act (a point of unlawful use of the registration license plate);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the crimes of unlawful use of air, the crimes of violating the Automobile Management Act, and the punishment imposed on a crime of violating the Motor Vehicle Management Act of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant does not register in the register of automobile on July 14, 2018.