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(영문) 대전지방법원 2016.01.28 2015고단4104
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 2, 2015, the Defendant: (a) posted “E” letters on a signboard in the vicinity D located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-ju, by means of a computer; and (b) installed a number plate for registration of E cars in a way of attaching the above printed Stick on a white plastic board in a breeding box located in the same south of the same Gu.

Accordingly, the Defendant forged a motor vehicle registration number plate, which is a mark of public office, for the purpose of exercising the right.

2. On September 17, 2015, the Defendant: (a) attached a forged motor vehicle registration number plate in front of a motor vehicle E Trate, as indicated in paragraph (1) around 09:30 on September 17, 2015; and (b) exercised a forged motor vehicle registration number plate in the section of approximately 13 km from Daejeon Seo-gu to the Daejeon District Court of Daejeon, Seo-gu, Daejeon, about 78-ro 78, from Daejeon, by operating the said motor vehicle at a 13km section.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Automobile registration certificate;

1. Application of Acts and subordinate statutes to forged number plates photographs;

1. Article 238 (1) of the Criminal Act (the point of Article 238 of the Public Code), Article 238 (2) and Article 238 (1) of the Criminal Act (the point of exercising forged air defense), Article 78 subparagraph 2 of the Automobile Management Act, and Article 71 (1) (the point of using a forged registration number plate and a forged registration number plate);

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act recognize and reflects all the crimes, the fact that there is no record of the same punishment, the defendant committed a crime to continue to use a delinquent vehicle, but does not forge or attach a vehicle registration number plate to use it for other crimes, the fact that the motor vehicle tax is paid in full and returned a registration number plate, and the defendant's age, sex behavior, environment, motive and background of the crime, circumstances after the crime, etc.

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