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(영문) 대구지방법원 경주지원 2018.07.04 2018고단163
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 13, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Immigration Control Act at the Busan District Court on November 13, 2013 and completed the execution of the sentence at the port prison on December 16, 2014.

1. No motor vehicle registration number plate and seal in violation of the Motor Vehicle Management Act shall be detached, except where permission is obtained from the Mayor/Do Governor or where special provisions exist in other Acts;

Nevertheless, the Defendant removed the registration number plate attached to Drocketing Ⅲ, which is located in the jurisdiction of the Mayor/Do Governor, without the permission of the Mayor/Do Governor, around August 2017.

2. On August 2017, the Defendant violated the Automobile Management Act and the illegal use of air, and the violation of the Automobile Management Act committed a wrongful use of the registered number plate in accordance with the Automobile Management Act by attaching D registration number plate removed as stated in the foregoing 1. The Defendant’s Eone Star Co., Ltd., for the purpose of exercising, as indicated in the foregoing 1.

3. On September 22, 2017, the Defendant: (a) exercised the car registration number plate for the purpose of exercising the D number plate at approximately KRW 1 km section from G located in F on the roads of G located in Ulsan-gun, Seoul-gun, to the neighboring roads; and (b) exercised the car registration number plate for the purpose of using the D number plate at approximately 2m section, like the above 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (10 pages of investigation records), investigation report (to hear statements by reference witness H);

1. Seizure records;

1. On-site photographs, the original register of D Automobile Registration, and the original register of E Automobile Registration;

1. Previous convictions: Application of a reply to inquiry about criminal history, a criminal investigation report (prior convictions against a suspect A and attachment of a repeated crime), Busan District Court Decision 2013 Heights 5490 and one copy of the personal confinement status;

1. Article 81 subparag. 1, Article 10 subparag. 2 (a) of the relevant Act on the Management of Motor Vehicles (a point where the registration number plate of a motor vehicle has been removed without permission), Article 78 subparag. 2, Article 71(1) of the Motor Vehicle Management Act (a point where the registration number plate of a motor vehicle has been illegally used), Article 238(1) and Article 238(2) of the Criminal Act (a) of the said Act on the criminal facts.

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