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(영문) 청주지방법원 2015.08.20 2015고단1016
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for not less than five 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. On December 31, 2012, the Defendant violated the Automobile Management Act: (a) the B registration number plate is removed from and kept in custody on the motor bicycle owned by the Defendant; (b) on May 21, 2015, at the ecsent Party of the trade name “D” located in the Gu corresponding to the Cheongju City, Cheongju City, around 14:00, the Defendant attached the registration number plate that was kept in custody on the Magmama 750c bicycle.

Accordingly, the defendant used the automobile registration number plate unlawfully.

2. At around 14:00 on May 28, 2015, the Defendant operated a large-scale motor vehicle registration license plate attached, such as paragraph 1, on the front road located in Seo-gu, Seo-gu, Seo-gu, Seowon-si.

Accordingly, the defendant exercised the illegally used air defense.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Investigation record of seizure;

1. Application of Acts and subordinate statutes to photographs, certificates of completion of report on use of two-wheeled motor vehicles, B number plates;

1. Article 78 subparagraph 2 of the relevant Act, Article 71 (1) of the Automobile Management Act (Unlawful Use of Registration Number Plate), Article 238 (1) of the Criminal Act (Unlawful Use of Air) and Article 238 (2) and Article 238 (1) of the Criminal Act concerning facts constituting an offense;

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

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 Act on the Suspension of Execution provides that the Defendant would replace a license plate with a few percentage of the expenses incurred in the rashing of the breakdowns, and then reduces or leads the rash up to the repair point. Since the content of the Act and subordinate statutes only providing imprisonment is not properly well-founded, there are circumstances to consider the circumstances, and there are no history of criminal punishment in addition to the four times of a fine for negligence, and that there is no history of criminal punishment in addition to the four times of a fine for this type.

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