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(영문) 수원지방법원 안산지원 2015.09.17 2015고단2219

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. On January 2015, the Defendant violated the Automobile Management Act: (a) removed a two-wheeled vehicle registration number plate of 125 Kaoneone 125 wheel from the street of Kwikwikset Service Office located in Jongno-gu Seoul, Jongno-gu, Seoul; and (b) denied the use of a two-wheeled vehicle registration number plate of the same type attached to the same Kaone 125 wheela 125 wheeled.

2. On June 29, 2015, the Defendant posted a motor vehicle registration number plate unlawfully used as described in paragraph (1) at approximately 20 km section of Jongno-gu Seoul Jongno-gu Seoul, Jongno-gu, for the purpose of using the air illegally used by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. A copy of a certificate for the disuse of two-wheeled automobiles;

1. Copy of receipt for acquisition tax;

1. Application of the Acts and subordinate statutes of photographic dives of violation;

1. Relevant provisions of Article 238 (1) of the Criminal Act for criminal facts, Article 78 (2) and Article 71 (1) of the Automobile Management Act (Unlawful Use of Registration Number Plate) 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 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 imprisonment with prison labor for a violation of the Automobile Management Act;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as above in consideration of all the sentencing factors regarding the instant case, including the following: (a) the background of the instant crime; (b) the confession; (c) there was no record of punishment for the same kind of crime; (d) the new registration number plate was granted after the instant crime was committed; and (e) the crime of unlawful use of air and the crime of unlawful use of air