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(영문) 서울남부지방법원 2021.01.20 2020고단5461

자동차관리법위반등

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

1. On June 13, 2019, the Defendant: (a) in the front parking lot in front of the Defendant’s residence located in Guro-gu Seoul Metropolitan Government; (b) in order to not receive a notice of a fine for negligence, the Defendant forged the registration number plate of the vehicle of C C CCrosererer in the vehicle to attach and operate it on the vehicle; and (c) made the aforementioned vehicle’s “D” letter in the form of “E” and attached it on the front of the said vehicle by means of painting with a private-test sign.

Accordingly, the defendant forged a public sign for the purpose of exercising, and at the same time forged a motor vehicle registration number plate.

2. On June 13, 2019, the Defendant, from around 23:11 to July 12:25, 2020, operated the said vehicle without attaching a forged motor vehicle registration number plate as described in the preceding paragraph at a place, such as the front part of the G association located in Gyeyang-gu, Incheon Metropolitan City, the front part of the G association, and the front part of the Pyeong-gun, Pyeongtaek-gun, Gangwon-do.

In this respect, the defendant exercised forged air defense, and at the same time used a forged motor vehicle registration number plate.

Summary of Evidence

1. Application of Acts and subordinate statutes to investigation reports (specific suspect), investigation report (Attachment of a vehicle registration number plate seizure site photo) by investigation report by the defendant's statutory statement, police search report and investigation report by the citizen on the list of seizure list (C police transportation management system confirmation)

1. Article 78 subparagraph 2 of the relevant Act on the facts constituting an offense, and Article 71 (1) (the fact of forging a registration number plate and using a forged registration number plate) of the Motor Vehicle Management Act, Article 238 (1) of the Criminal Act (the fact of Article 238 of the same Act), Article 238 (2) and Article 238 (1) of the Criminal Act (the fact of exercising a forged air defense);

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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

1. The reason for sentencing under Article 48(1)1 of the Criminal Act for forfeiture of Article 62(1) of the suspended sentence is the case where the defendant forged and uses a motor vehicle registration number plate which is air defense.