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(영문) 춘천지방법원 속초지원 2019.05.29 2017고단468
공기호부정사용등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No one shall unlawfully use a two-wheeled automobile number plate.

On August 1, 2017, the Defendant: (a) attached the number plate (Evidence No. 1) of Datoba, which was kept at the nearby scrapping area for the purpose of uttering, to the Defendant’s illegal use of the two-wheeled automobile number plate for air hoba by attaching it to the Defendant’s unregistered C 110 Orala; and (b) exercised the air illegally used by the Defendant from September 11, 2017 to September 25, 2017 by operating the above Oralaba in the Chungcheong City and Seoyangyangyangyangyang-gun D.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Detection photographs and teaic reference (C);

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

1. Article 238 (1) of the Criminal Act for the relevant criminal facts, Article 238 (2) and (1) of the Criminal Act, Article 238 (1) of the Criminal Act, and Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act;

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

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

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act for forfeiture is that the defendant recognized his mistake at the investigative agency, the defendant has no record of being sentenced to a penalty exceeding the fine, and the two-wheeled automobile number plate was recovered.

Other conditions of sentencing, such as the age, character and conduct, environment, circumstances, means and result of the crime, etc. of the defendant, shall be determined as per the order.

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