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(영문) 창원지방법원 통영지원 2017.11.29 2017고단953

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] The Defendant was issued a summary order of KRW 500,000 by the Changwon District Court on June 24, 2009 for a crime of violating the Road Traffic Act (dacting driving), and the same court on September 14, 2012 for the same crime, etc.

[Criminal facts]

1. On May 2017, 201, the Defendant: (a) posted a victim’s license plate attached to the ES101 U.S. Oralkin, which was parked at a parking lot in C located in SP in SP in SP, Mana City; (b) removed it from it.

Accordingly, the defendant stolen property from the market price in the victim's possession.

2. A person who violates the Motor Vehicle Management Act due to the crime by removing a motor vehicle registration number plate shall not be detached, except where permission from the Mayor/Do Governor is obtained, and where special provisions exist in other Acts.

Nevertheless, the Defendant arbitrarily detached the number plate of ES101, as described in the above paragraph 1, for the purpose of attaching the registration Nos. 40 to the NAE.

3. On May 2017, the Defendant violated the Automobile Management Act due to the unlawful use of air defense and the unlawful use of the registration number plate of a motor vehicle, and the Defendant attached the registration number plate of the motor vehicle, removed as described in the foregoing paragraph 2, to the repair center, for the purpose of exercising it at the repair center.

Accordingly, the Defendant used the marks of public offices in a fraudulent way, and used the car registration number plate unlawfully.

4. The Defendant is a person who is engaged in driving a NA-tetete, which is not registered, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Road Traffic Act.

On June 7, 2017, the Defendant driving the above Oba while under the influence of alcohol content of 0.174% in blood around 22:05 and driving the Obaba in front of the National Bank at the flood.