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(영문) 전주지방법원 2016.11.09 2016고단1525
공기호부정사용등
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

1. On May 2016, the Defendant violated the Automobile Management Act: (a) removed the front registration number plate of the instant rocketing vehicle, which is the victim’s possession of the front of the registration number plate kept in custody for the reason of delinquency in the fine for negligence, from the front of the instant rocketing vehicle, from the front part of the said rocketing vehicle, at the Gwit-ro parking lot located in 162 in the front of the front of the relevant police station; (b) was attached to the front part of the said rocketing vehicle in the name of the Defendant who was parked in the said place, by removing the registration number plate back of the said rocketing vehicle from his hand, and attaching it to the front part of the said rocketing vehicle behind the said rocketing vehicle.

Accordingly, the defendant used a motor vehicle registration number plate illegally for the purpose of exercising it.

2. At around 15:00 on June 6, 2016, the Defendant used the strawing vehicle, which was attached with the registration number plate attached to the said strawing vehicle, from the front of the Giuri Apartment apartment located in 162, Yacheon-gu, Yacheon-ro to the front road of the Ya apartment located in 270, Seowon-ro, Gyeongwon-ro, 270.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Photographs, registration certificate, and automobile insurance subscription form;

1. Application of Acts and subordinate statutes on internal investigation reports;

1. Where an automobile registration number plate is separated from a motor vehicle registration number plate attached to relevant criminal facts: Points of unlawful use of air defense under Articles 81 subparagraph 1 and 10 (2) of the Automobile Management Act: Points of unlawful use air defense under Article 238 (1) of the Criminal Act: Article 238 (2) and (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act (the crimes of unlawful use of air, the crimes of violation of the Automobile Management Act, and the punishment imposed on the crimes of unlawful use of air which are heavier than the heavier punishment);

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

1. Grounds for sentencing favorable to the reasons for suspended sentence under Article 62(1) of the Criminal Act: The fact that it is against the nature of sentencing, the period and frequency of the crime, the restoration to the original state, or there is no criminal record of a suspended sentence.

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