beta
(영문) 수원지방법원 성남지원 2016.11.11 2016고단2713

공기호부정사용등

Text

A defendant shall be punished by imprisonment for four 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 11, 2016, at around 06:30, the Defendant illegally used a motor vehicle registration number plate, which was attached to the freight vehicle C owned by the Defendant, by removing and attaching the motor vehicle registration number plate attached to the freight vehicle B and C owned by the Defendant in the vicinity of the new agency of the Gyeonggi-si, Gwangju-si, Gwangju-si.

2. On June 11, 2016, the Defendant exercised an air defense that was illegally used by attaching and operating D registration number plate removed from the cargo vehicle owned C from the cargo vehicle owned by the Defendant, as prescribed in paragraph 1, from the 11th Doro 11-gil 5-10 Doro Doro Doro Doro Doro, Gwangju to the Doro Doro Doro Doro Doro Doro Doro, Gwangju, the Defendant exercised the defense by attaching and operating the D registration number plate removed from the cargo vehicle owned

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (illegal use of air, etc.);

1. Records of police seizure and list of seizure;

1. Application of the register of motor vehicles (A), B, and D laws and regulations

1. Article 238 (1) of the Criminal Act (Unlawful Use of Air Code) and Article 238 (2) and (1) of the Criminal Act concerning facts constituting an offense (the occupation of an unlawful use of air defense);

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 (not less than a suspended sentence of imprisonment)

1. Probation and community service order under Article 62-2 of the Criminal Act (the fact that a person commits a similar crime and commits a second offense despite the record of punishment for violating the Motor Vehicle Management Act);