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(영문) 부산지방법원 2016.04.07 2016고단347

자동차관리법위반등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On November 18, 2015, at around 08:00, the Defendant violated the Automobile Management Act, the registration number plate was temporarily kept in the Busan Franc Police Station as a result of the delinquency in payment of the fine for negligence for DPoter trucks owned by the Defendant on the roads in front of the operation of the Defendant in the Busan Franc Zone B, and thus it is impossible to operate his/her vehicle. On August 2010, the Defendant found the E-registration number plate, which was kept in custody, from the francs located in the subway station near the subway station located in the Nam-gu, Busan Metropolitan City, Busan, and attached it to the fluter truck owned by the Defendant.

Accordingly, the Defendant violated the Automobile Management Act and used an automobile registration number plate in the air for the purpose of exercising at the same time.

2. On November 18, 2015, the Defendant, at the place indicated in paragraph 1 around 08:00 on November 18, 2015, operated a brep truck with a registration number plate illegally used as indicated in paragraph 1 from November 21, 2015 to November 21, 2015, and exercised a frecing air that was illegally used by dre.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Investigation reports (the details of discovery of vehicles), investigation reports (the investigation of the owner of a license plate), and investigation reports (Attachment to the original register of motor vehicle registration);

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 78 subparagraph 2 of the relevant Act on the Management of Motor Vehicles for Criminal Facts, Article 71 (1) (the illegal use of a registration number plate), Article 238 (1) of the Criminal Act (the illegal use of a public sign) and Article 238 (2) of the Criminal Act (the use of a public sign) concerning the relevant Act on the Management of Motor Vehicles for Criminal Facts;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment on a violation of the Automobile Management Act due to improper use of a registration number plate, between crimes of violating the Automobile Management Act due to unlawful use of air, and a punishment on a violation of the Automobile Management Act with heavier punishment);

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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 48(1)1 of the Criminal Act of confiscation No. 1.