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(영문) 청주지방법원 제천지원 2015.03.26 2014고단580

자동차관리법위반등

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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 August 2014, the Defendant: (a) found the “B” registration number plate on the side of the two sloping-distance adjacent to the outermost road in Ulsan-si; and (b) embezzled it at his/her discretion.

2. No person who violates the Automobile Management Act, illegally uses air defense, or illegally uses air defense shall use an automobile registration number plate unlawfully;

Nevertheless, the Defendant, at around 04:00 on August 29, 2014, installed the number plate of “B” acquired as referred to in paragraph (1) at a dump lebr (number C) vehicle after a dumprrrr (number) vehicle, connected the said dmr to the dmr vehicle, and exercised the registration number plate of the air dmr in the section of approximately 320 km from the above temporary border around August 16:05, 2014 to the road in the northyangyangyangyang-gun-gun, Chungcheongnamyang-gun, Chungcheongnam-gun, the Defendant denied the use of the motor vehicle registration number plate in the section of approximately 320 km from the above dmnbr.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on arresting any suspect violating the Automobile Management Act;

1. Records of seizure and the list of seizure;

1. Application of enforcement photographs, seized articles and Acts and subordinate statutes;

1. Article 360 (1) of the Criminal Act for the crime at issue of the relevant law, Article 360 (1) of the Criminal Act, Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) of the Automobile Management Act (illegal use of a registration license plate), Article 238 (1) of the Criminal Act, Article 238 (2) and Article 238 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violating Automobile Management Act, the crimes of unlawful use of air defense, and the punishment prescribed for the crimes of violating automobile management which are heavier than the punishment);

1. Selection of imprisonment with prison labor for an selective possession of the penalty, embezzlement of stolen objects, or 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 (aggravating concurrent crimes with punishment prescribed for a crime of violating the Motor Vehicle Management Act of the largest punishment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Sentencing Article 48(1)1 of the Criminal Act provides for sentencing.