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(영문) 수원지방법원 2017.10.11 2017고단4910
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 May 2017, the Defendant violated the Automobile Management Act and illegally using public marks, before being attached to the E-owned F gate car at the construction site of a new building located in Gyeongsung City, which is managed by the Defendant, at the construction site of a new building located in Da, and then removed the registration number plate of the E-owned vehicle using the construction site, and then affixed the C-Motor vehicle registration number plate which is not operated due to tax delinquency, etc. on the back of the said vehicle, the B-registration number plate on the front part of the car.

Accordingly, the defendant used a car registration number plate for the purpose of exercising it unlawfully and at the same time used it unlawfully.

2. The same year from the beginning of May 2017 to the beginning of May 2017.

5. Until September 1, 200, the air units were used for unlawful use by operating the lux car with each of the registration number plates C and B, as described in paragraph 1, at the front section of the ordinary people at the time of industrialization.

Summary of Evidence

1. Statement by the defendant in court;

1. Inventory of seizure, evidence of seizure, and application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Article 78 subparagraph 2 of the Act on the Management of Motor Vehicles and Article 71 (1) (the illegal use of a registration number plate) of the Act on the Management of Motor Vehicles and Article 238 (1) and Article 238 (2) of the Criminal Act (the illegal use of a registration number plate and the use of a illegally used air) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Automobile Management Act and the crimes of unlawful use of public marks, and the punishment imposed on a violation of the Motor Vehicle Management Act of which punishment is heavier);

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 stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. The reason behind sentencing under Article 48(1)1 of the Criminal Act that is disadvantageous to the defendant - The defendant arbitrarily posted his/her registration number plate to the extent that it is not good to disturb public order in relation to vehicle management. The favorable circumstances - the defendant recognizes all criminal facts. The defendant has so far.

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