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(영문) 부산지방법원 2016.09.29 2016고단4154
자동차관리법위반등
Text

1. The defendant shall be punished by imprisonment for four months;

2. However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. No person who violates the Automobile Management Act shall remove a registration number plate and seal attached on a motor vehicle, except in cases where permission is obtained from the Mayor/Do governor or where special provisions exist in other Acts;

Nevertheless, the Defendant: (a) removed the number plate attached to the shower vehicle B, and sent it to the shower vehicle; (b) was arbitrarily detached from the registration number plate attached to the shower vehicle, without obtaining permission from the Metropolitan City Mayor of Daegu, which is the competent authority, on December 20, 2015; and (c) on April 6, 2016, the Defendant arbitrarily detacheded the registration number plate of the vehicle attached to the shower vehicle, by using the shower; and (d) around 12:00 on April 12:0, 2016, the Sinwon-si, Yongsan-dong, 1341, Busan-dong, Nowon-gu, 1341, and without obtaining permission from the border branch office, which is the competent authority; and (d) was arbitrarily detached by using the registration number plate of the vehicle attached to the shower vehicle, which was attached to the shower vehicle.

2. On April 6, 2016, the Defendant violated the Automobile Management Act by illegally using air hographing and car registration number plates. On April 6, 2016, the Defendant: (a) attached the “B” car registration number plates removed as described in paragraph (1) to C horas and shower vehicles for the purpose of exercising them at the rear site of the Busan High Port Container Terminal located in Yongsan-gu, Yongsan-gu, 1341.

As a result, the Defendant used the marks of public offices in a fraudulent way, and used the car registration number plate unlawfully.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police station against D;

1. Each police statement made to E and F;

1. Application of each protocol of seizure and each statute of the list of seizure;

1. Article 81 subparagraph 1 of the relevant Act on the facts constituting an offense, and Article 10 (2) of the Motor Vehicle Management Act (the point of arbitrarily removing the registration number plate of a motor vehicle), Article 238 (1) of the Criminal Act (the point of unlawful use of public marks) and Articles 78 subparagraph 2 and 71 (1) of the Motor Vehicle Management Act (the point of unlawful use of the registration number plate);

2.Article 40 of the Criminal Code of Trade and Trade.

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