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(영문) 대구지방법원 서부지원 2013.04.02 2012고단1549
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2012, the Defendant: (a) attached a registration number plate of the Defendant’s “C” motor vehicle that the Defendant acquired prior to the Defendant’s multiple car plate kept in custody of the Defendant’s delinquency in payment of an administrative fine at his/her own residence located in Seogu-gu, Daegu-gu; and (b) operated the said motor vehicle from around that time to August 17:00 to around 24, 2012.

Accordingly, the defendant used the air illegally for the purpose of exercising the right, exercised the illegally used air defense, and at the same time used the automobile registration number plate.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Report of investigation (the photograph of a vehicle using a window number plate) and the application of Acts and subordinate statutes concerning report of investigation;

1. Article 78 subparagraph 2 of Article 78 of the Automobile Management Act, Article 71 (1) of the Motor Vehicle Management Act, Article 238 (1) of the Criminal Act, and Article 238 (2) and Article 238 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2001Da14489, Apr. 1, 201).

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