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(영문) 의정부지방법원 고양지원 2017.09.15 2017고단1870
공기호부정사용등
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 March 25, 2017, at around 09:40, the Defendant violated the Automobile Management Act: (a) paid the front registration number plate of a DNA car owned by the Defendant, and the Defendant’s mother removed the front registration number plate of a Korean-style cruise vehicle owned by the Defendant and the front registration number plate of a Korean-style cruise vehicle owned by E; and (b) attached the front registration number plate of the said cruise vehicle on the said cruise vehicle.

2. On March 25, 2017, from around 09:45 to around 09:50 on March 25, 2017, the Defendant, at the place indicated in the foregoing paragraph (1), operated the pertinent cruise vehicle with a registration number plate from about 1km to about 350 to the right side of the par distance from the place indicated in the same paragraph (1), and exercised the air that was illegally used by her.

Summary of Evidence

1. Statement by the defendant in court;

1. Vehicle photographs;

1. Application of statutes on motor vehicle registration certificates;

1. Article 81 subparagraph 1 of the relevant Act concerning the facts constituting an offense, Articles 81 and 10 (2) of the Automobile Management Act (the violation of the Automobile Management Act, the selection of imprisonment and punishment), Article 238 (1) of the Criminal Act (the violation of public marks), Article 238 (2) and Article 238 (1) of the Criminal Act (the occupation of exercising illegal-use air defense) concerning the selection of punishment;

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. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are as follows: (a) considering favorable circumstances, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (b) circumstances constituting the conditions for sentencing as indicated in the instant records and arguments, such as the circumstances after the crime, etc., where the Defendant recognized all of the instant crimes, and against his mistake, and was sentenced once to a fine due to a violation of the Road Traffic Act; and (c) the fact that there was no record of criminal punishment otherwise; and (d) considering other circumstances, the sentence is determined as ordered

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