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(영문) 의정부지방법원 2020.10.26 2019고단4113

자동차관리법위반등

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A defendant shall be punished by imprisonment with prison labor for up to 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

On March 19, 2019, the Defendant kept in custody the Bkn Law No. number plate owned by the Defendant and was no longer able to operate the said vehicle, and the Defendant was willing to cut another vehicle number plate and continue to operate the vehicle after attaching it to the Defendant’s vehicle.

1. On March 2019, the Defendant: (a) discovered the victim D’s observer car amount in the C apartment parking lot at the Haman’s government on March 2019; and (b) removed the number plate of the said car by using the previously prepared strawner.

2. “Forgery of air defense, forgery of air defense,” as stated in the indictment for unlawful use of air defense and for unlawful use of air defense shall be corrected as above, since it is apparent that it is a clerical error.

The Defendant arbitrarily attached the number plate of the motor vehicle E, which is the air gate that stolen as above, at the same time and at the same place, to the Defendant’s above blade, and operated the said motor vehicle at the Government-si from around that time to May 20, 2019.

Accordingly, the defendant used air illegally for the purpose of exercising the right, and exercised air hossing in illegal use.

3. No person who has violated the Motor Vehicle Management Act shall forge, alter, or unlawfully use a registration number plate;

Nevertheless, the Defendant used the car number plate unlawfully in the same manner as the entries in the same paragraph at the time and place mentioned in paragraph (2).

Summary of Evidence

1. A report on the occurrence of defendant's legal statement, a theft, and a D's written statement;

1. Report on internal investigation (Inquiry into the parking and stopping control materials and specification of the suspected person);

1. Photographs of the damaged vehicle, suspect vehicle or photograph;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing seized articles;

1. Relevant legal provisions concerning criminal facts: Article 329 of the Criminal Act; Article 238 (1) of the Criminal Act; Article 238 (2) and (1) of the Criminal Act; Article 238 (1) of the Criminal Act; Article 78 subparagraph 2 of the Automobile Management Act; Article 71 (1) of the Motor Vehicle Management Act (Unlawful Use of Registration Number Plate);

1. The Commercial Concurrent Crimes Act.