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(영문) 대구지방법원 서부지원 2016.06.24 2016고단265

자동차관리법위반등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 28, 2014, the Defendant: (a) in the C Parking lot located in Seogu Daegu-gu, Daegu-gu around February 28, 2014, offered DNS car KRW 10,300,000 from E and purchased DF car; (b) however, F, as the owner of the said car demanded the Defendant to return the said car, was willing to drive the car by changing the registration number plate in order to prevent the said car from returning the car until having received the advance payment.

1. No person who violates the Automobile Management Act or uses illegally a motor vehicle registration number plate shall forge, alter, or use it unlawfully, or trade, assist in the trade, give or receive, or use any forged or altered motor vehicle registration number plate;

On March 4, 2014, at the above parking lot around 08:00, the Defendant removed the car registration number plate of the above car and used it unlawfully by attaching the I car number plate owned by G Moter (H) to which the Defendant was in custody for the purpose of exercising the said car.

2. On March 4, 2014, around 08:03, the Defendant exercised the air defense that was unlawfully used by running the said car from the above C parking lot to the mutual infinite parking lot near the above G parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes, such as each CCTV closure photograph;

1. Article 78 Subparag. 2 of the former Automobile Management Act (amended by Act No. 12986, Jan. 6, 2015); Articles 78 Subparag. 2 and 71(1) (illegal use of a registration number plate) of the same Act concerning criminal facts; Article 238(1) of the Criminal Act (illegal use of a registration number plate) and Articles 238(2) and 238(1) of the Criminal Act (a) of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crime of unlawful use of public marks and the crime of violation of the Automobile Management Act, and the punishment imposed on a crime of violation of the Motor Vehicle Management Act of which punishment is heavier);

1. Selection of imprisonment with prison labor for a violation of the Motor Vehicle Management Act;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.