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(영문) 인천지방법원 2019.09.26 2019고단5826
공기호부정사용등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. An automobile management plate in violation of the Automobile Management Act shall be attached and sealed as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and the attached registration number plate and its seal shall not be detached, except where permission is obtained from the Mayor/Do governor and where otherwise provided

Nevertheless, in the vicinity of Incheon Jung-gu, 2019, the defendant was detached of the front and rear number plates and seals of DPoter vehicles owned by C without permission from the Mayor/Do governor.

2. In order to exercise the registration number plate in front and rear of the vehicle in the air gate, removed at the time and place specified in paragraph (1), the Defendant illegally used the air defense by attaching it to the front and rear of the vehicle in the EPoter II owned by the Defendant and attaching it to the front and rear of the registration number plate.

3. From Apr. 2019 to Apr. 1, 2019, the Defendant illegally used air units with a motor vehicle registration number attached, as described in paragraph 2, from Apr. 2, 2019 to his/her subordinate patrolmen of the same month, he/she exercised the air units that were unlawfully used by operating the Poter II with the motor vehicle registration number attached, as described in paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of truck display certificates, control photographs, and motor vehicle registration certificate (D)-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 81 subparagraph 1, 10 (2) and (1) of the Automobile Management Act that choose a punishment (the removal of a registration number plate, the choice of imprisonment), Article 238 (1) of the Criminal Act (the unlawful use of air protection) and Article 238 (2) and (1) of the Criminal Act (the use of unlawful use air) of the Automobile Management Act;

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

1. Article 62 (1) of the Criminal Act (i.e., confession and reflect, and considering the absence of any previous conviction exceeding the fine);

1. Article 48 (1) of the Criminal Act of confiscation;

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