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(영문) 청주지방법원 충주지원 2016.01.13 2015고정183
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner of Cknife vehicle.

On March 10, 2015, at the passage of the Cheongju-si, the administrative fine related to the motor vehicle was in arrears, and one full registration number plate of the CKan vehicle was kept in custody.

No one shall forge, alter or unlawfully use a motor vehicle registration certificate, certificate of scrapping, certificate of temporary operation permit, certificate of temporary operation permit, mark of self-certification of motor vehicle, mark of parts self-certification, mark of self-certification of motor vehicle parts, inspection of internal pressure containers or marks, seals or marks of internal pressure-resistant testing, new inspection certificate, two-wheeled vehicle number plates, chassis number plates, chassis or engine model marks, or trade, arrange for sale, purchase, receive or use a forged or altered mark, or a forged or altered engine model under the Automobile Management Act.

Nevertheless, on March 11, 2015 or on May 12, 2015, the Defendant, at the Defendant’s home, cut the doorlight into a vehicle number plate, forged a number plate by using “C” and affixed a forged number plate to the front of the vehicle, and operated the number plate from that time up to May 21, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. The written accusation, photograph, vehicle registration ledger perusal, vehicle detection report, telephone listening content, investigation report, and seizure report [a defendant asserts that his/her identification number plate was stolen at the Chungcheong viewing, and thus, the defendant's assertion is not acceptable, since it is true that the defendant kept his/her full number plate in custody on March 10, 2015 as he/she did not pay a fine for negligence, and according to each evidence above, the defendant's assertion cannot be accepted.]

Application of Statutes

1. Article 78 of the relevant Act concerning the facts constituting a crime and Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act (Selection of a punishment penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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