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(영문) 인천지방법원 2012.11.22 2012고단10389

자동차관리법위반등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person shall forge, alter, or unlawfully use a motor vehicle registration number plate or use it forged or altered.

Nevertheless, the Defendant was running a DST7 car purchased under the name of father C of B, which was from the beginning of January 2012, the Defendant: (a) around July 20, 2012, before the Southern E Station in Seoul, the front number plate of the said car was removed; (b) around July 20, 2012, the Defendant posted the number of the said car in white plastic board (ro 51cc, 11cc, ecm) with a black paper for the purpose of exercising the said car around July 23, 2012; and (c) from that time, the Defendant arbitrarily driven the said car with the automobile registration number manufactured by the Defendant at around 60 days from that time.

For this purpose, the defendant forged a motor vehicle registration number plate, and used a forged motor vehicle registration number plate.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on seizure records;

1. Article applicable to criminal facts;

(a) Illegal use of motor vehicle registration number plate: Article 78 subparagraph 2 of the Motor Vehicle Management Act and Article 71 (1) of the Motor Vehicle Management Act;

(b) Point of air defense: Article 238 (1) of the Criminal Act;

(c) The occupation of a forged air defense event: Article 238 (2) and (1) of the Criminal Act.

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act. Article 40 (Concurrent Punishment of a Crimes of Violating Automobile Management Act and a Crimes of Violating Motor Vehicle Management Act, and Punishment of a Punishment on a Crimes of Violating Motor Vehicle Management Act with

1. Selection of punishment: Imprisonment with prison labor for a violation of the Automobile Management Act;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (Consideration of the background leading to the crime of this case and the fact that the crime of this case is against the wrong one);

1. Confiscation: Article 48 (1) 1 of the Criminal Act;