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(영문) 창원지방법원 진주지원 2016.09.28 2016고단378

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. No person who violates the Automobile Management Act or who illegally uses air hosing shall unlawfully use the registration number plate of a motor vehicle;

On January 2, 2016, the Defendant: (a) around 15:00, around the Defendant’s house located in Sacheon-si C, attached the registration number plate in front of the Gyeong-do branch, the air of the Gyeong-do branch, which is the air of the Gyeong-do branch, which was received from his name-free persons, to the car owned by the Defendant, whose original registration number is E.

As a result, the Defendant used the car registration number plate unlawfully and used the official mark unlawfully.

2. Around January 22, 2016, the Defendant, at around 15:00, operated an Echip car with the aforementioned official marks illegally used at approximately 10 kilometers from the front of the above Defendant’s house to the front of the “G” coffee shop in F of the same city.

Accordingly, the defendant exercised the illegally used air defense.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports (Attachment of comprehensive details on vehicles), investigation reports (H telephone conversations on the nominal owner of a vehicle), investigation reports (I telephone conversations), control records, and investigation reports (verification of number plates);

1. Application of Acts and subordinate statutes governing vehicles under control;

1. Article 78 subparagraph 2 of the relevant Act on the Management of Motor Vehicles for Criminal Facts (the illegal use of a registration number plate), Article 71 (1) (the illegal use of a registration number plate), Article 238 (1) (the illegal use of a public symbol) of the Criminal Act, and Article 238 (2) and Article 238 (1) of the Criminal Act (the use of an unlawful use air defense event);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. When the defendant, for reasons of sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation, has become unable to use the registration number plate due to tax in arrears, the defendant has used the registration number plate attached to another motor vehicle, and the nature of the crime is not good.

However, the fact that the defendant reflects his own crime, and that there is no criminal history of the same kind, etc. are considered as favorable to the defendant.