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(영문) 인천지방법원 2020.01.10 2019고단7634
공기호위조등
Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On January 17, 2018, the Defendant was unable to operate a vehicle by being exposed to an order to suspend operation as a C Cormomo vehicle in the name of the head of the Dongjak-gu Seoul Metropolitan Government Office, which was registered to order the suspension of operation, on April 24, 2019.

Nevertheless, on May 2019, the Defendant, at the home of the Defendant located in the Namdong-gu Incheon Metropolitan City D and E, printed the front number “F” and “G” in Chapter 1 using a paper 2 for the purpose of continuing operation of the said vehicle at the home of the Defendant, and forged the front number plate of the vehicle by linking the above A4 paper 2.

On July 14, 2019, at around 13:50 on July 14, 2019, the Defendant attached a forged front number plate to the above vehicle, and operated approximately 4 km section to the first street in front of the Namdong-gu Incheon Metropolitan City, Nam-gu, Incheon.

Accordingly, the Defendant forged the car number plate, which is an air defense, and exercised the forged air defense as above.

2. No person who violates the Motor Vehicle Management Act shall drive a motor vehicle in violation of an order to suspend operation;

Nevertheless, the Defendant operated the C Coin vehicle to which the order to stop the operation was issued on the same date and at the same place as the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of violation of the Automobile Management Act (violation of an order to suspend operation);

1. Request for cooperation in investigation and the details of replies (No. 5 No. 11);

1. Application of each Act and subordinate statutes governing vehicle photographs;

1. Relevant provisions of Article 238 (1) of the Criminal Act, Article 238 (2) and (1) of the Criminal Act concerning facts constituting an offense, and Articles 82 (2) and 24-2 (2) of the Automobile Management Act (a violation of an order to suspend operation);

1. Of concurrent crimes, the crimes of fabrication of air defense and the crimes of uttering of forged air defense under the former part of Article 37, Article 38(1)2 and 3, and Article 50 of the Criminal Act;

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