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(영문) 수원지방법원 여주지원 2018.09.11 2018고단756
위조공기호행사등
Text

A defendant shall be punished by imprisonment for four 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. No person who has forged, altered, or fraudulently used a motor vehicle registration number plate, or who has violated the Motor Vehicle Management Act, shall trade, arrange for the trade, receive, or use counterfeited or altered motor vehicle registration number plates;

Nevertheless, on November 1, 2017, the Defendant purchased a forged car registration number plate at the seat of the trade name in Gangseo-si, and attached it to B Trop XG car, and used and exercised a forged car registration number plate from February 19, 2018 to February 19, 2018.

2. The defendant who violates the Guarantee of Automobile Compensation for Loss shall not operate a motor vehicle on the road, which is owned by the owner of the BT XG motor vehicle, and no one shall operate a motor vehicle on the road without mandatory insurance.

Nevertheless, at around 11:10 on February 19, 2018, the Defendant operated the said car without mandatory insurance on the main roads located in the Yeongdeungpo-gu Seoul Metropolitan Government line, Yeongdeungpo-gu, Seoul Metropolitan Government line.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of control (automobile management and mandatory insurance) ;

1. Scenic photographs;

1. Investigation report (the details of provisional holding of number plates and forged number plates);

1. Investigation report (in the name of the vehicle, investigation of its owner);

1. Investigation report (related to keeping the price for a voluntarily submitted vehicle);

1. Investigation report (request for disposition by public auction of vehicles);

1. Statement of keeping the price;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 238 (2) and (1) of the Criminal Act applicable to the facts constituting an offense; Article 78 subparagraph 2 of the Automobile Management Act; Article 71 (1) of the Automobile Management Act; Article 46 (2) 2 of the Guarantee of Automobile Compensation Act; the main sentence of Article 8 of the same Act

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on a person who commits a crime of harming a forged air and a crime of violating the Automobile Management Act, and a punishment imposed on a crime of violating the Motor Vehicle Management Act of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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