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(영문) 대구지방법원 영덕지원 2019.02.20 2018고단13

공기호부정사용등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On August 25, 2017, the Defendant was sentenced to two years of imprisonment for fraud at the Daegu District Court, and the judgment became final and conclusive on September 2, 2017.

1. Around January 15, 2017, the Defendant violated the Automobile Management Act and the Defendant illegally uses the registration number plate of the air hosp vehicle for the purpose of exercising the right by attaching the registration number plate in front of the Dhosp vehicle operated by the Defendant’s Dhosp vehicle to the cargo Ⅱ, when it was unable to operate the Cposp vehicle due to seizure at the site of the Housing Corporation located in Young-gun, Young-gun, Seoul, and due to seizure.

2. On January 14:35, 2017, the Defendant exercised the registration number plate of the said non-use motor vehicle, which is an air defense unit that was unlawfully used, by arbitrarily attaching the registration number plate of the said non-use motor vehicle, as described in paragraph (1), on the road located in 102 for the 102 North Yong-gun, Young-gun, Seoul Special Metropolitan City.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on internal investigation and investigation report (Attachment to the vehicle register);

1. Each register of automobiles, such as theft, arrest report of suspects, comprehensive details of each vehicle, request for public sale of vehicles, request for cooperation in delivery of seized vehicles due to delinquent local taxes, and each register of automobiles;

1. Each photograph;

1. Previous records of judgment: Investigation report (report on confirmation of the fact that a separate judgment has not been finalized and a sentence of imprisonment has not been executed), criminal records, etc. and the application of Acts and subordinate statutes;

1. Article 78 subparagraph 2 of the relevant Act, Article 71 (1) of the Automobile Management Act (Unlawful Use of Registration Number Plate), Article 238 (1) of the Criminal Act (Unlawful Use of Air Code), and Article 238 (2) and Article 238 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violating Automobile Management Act and the crimes of illegally using air, and the punishment prescribed for the crimes 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. The latter part of Article 37 and the former part of Article 39(1) of the Criminal Act dealing with concurrent crimes;