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(영문) 서울북부지방법원 2016.11.15 2016고단3052

공기호위조등

Text

A defendant shall be punished by imprisonment for six 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. No person who violates the Automobile Management Act shall forge, alter, or unlawfully use an automobile registration number plate;

The Defendant, as the owner of B Poter truck, was kept in custody of the front number plate of the said vehicle due to unpaid fines for negligence on July 16, 2014. Around July 2015, the Defendant forged a motor vehicle registration number plate by printing the said motor vehicle registration number on the Poter and attaching it on the iron plate, and operated until June 11, 2016 after attaching it on the said Poter.

Accordingly, the defendant forged and exercised a motor vehicle registration number plate for the purpose of exercising it.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile which is not covered by mandatory insurance;

At around 11:00 on June 1, 2016, the Defendant operated the foregoing B Poter Cargo Vehicles, which was not covered by mandatory insurance in Seoul Jung-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Police seizure records;

1. A written statement of reporter of D;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Article 238 (1) of the Criminal Act, Article 238 (2) and Article 238 (1) of the Criminal Act concerning facts constituting an offense, Article 78 subparagraph 2 of the Automobile Management Act, Article 78 and Article 71 (1) of the Automobile Management Act (the violation of the Automobile Management Act due to the forgery of a certificate of registration of a motor vehicle), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act (the operation of a motor vehicle which has not been covered by mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Scope of recommendations based on the sentencing criteria: Offenses for which the sentencing criteria are not set; and

3. The defendant who made the decision of sentence shall commit his offence.