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(영문) 광주지방법원 순천지원 2016.05.18 2015고단2612

공기호부정사용등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On July 16, 2015, the Defendant violated the Automobile Management Act by illegally using the air, and the Defendant did not pay a fine for negligence, and thus, the Defendant’s registration number plate for the car shower car owned by the Defendant was kept in custody at the Bosung Police Station.

On August 2015, 2015, the Defendant issued a registration number plate of the “E” motor vehicle from D in front of his/her dwelling place, which was parked in front of the said dwelling place, and arbitrarily attached to the said motor vehicle.

Accordingly, the defendant used an automobile registration number plate which is air defense for the purpose of exercising the right.

2. On September 1, 2015, the Defendant, at around 21:2 and around 23:34 of the same day, carried out a motor vehicle registration number plate unlawfully used, as seen above, from around September 1, 2015, to the military head-distance front road located in the same page from the above residence, and operated the motor vehicle arbitrarily, as if he were duly issued by the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution with regard to D;

1. Responses to the results of vehicle photographs, vehicle number CCTV reading;

1. Application of Acts and subordinate statutes on the certificate of provisional holding and certificate of number plates, and the detailed statement of payment of fines;

1. Article 238 (1) of the Criminal Act in relation to the facts constituting an offense (the illegal use of official marks), Article 238 (2) and Article 238 (1) of the Criminal Act (the occupation of exercising illegally used air) and Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act (the illegal use of registration number plates);

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, 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 suspension of execution (see, e.g., Supreme Court Decisions 201Do1448, Apr. 1, 201; 201Do1148,