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(영문) 광주지방법원 2019.10.17 2019고단3206
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Automobile Management Act and who illegally uses air defense shall use an automobile registration number plate unlawfully;

Nevertheless, around March 20, 2019, the Defendant kept his previous registration number plate in custody of the Defendant’s previous registration number plate of the CB apartment parking lot of Gwangju Mine-gu, and became unable to operate the said BWz car on the grounds that the said registration number was damaged, and attached the previous registration number plate which was kept without return on the ground that the said registration number plate was damaged.

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

2. From the date and time stated in paragraph (1) to May 22, 2019, the Defendant used the instant Benz car by attaching the registration number plate of “C” which was kept without returning it as described in paragraph (1) at the Gwangju Mine District to the said Benz car.

Accordingly, the defendant exercised the illegally used air defense.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on the detection and seizure, and the list of seizure;

1. Automobile register;

1. Application of each statute on photographs;

1. Article 78 subparagraph 2 of the relevant Act, Article 71 (1) of the Automobile Management Act ( point of unlawful use of a registration number plate), Article 283 (1) of the Criminal Act ( point of unlawful use of air defense), and Article 283 (2) and (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violating the Automobile Management Act, the crimes of unlawful use of air defense, and the punishment prescribed for the crimes of violating the Motor Vehicle Management Act of which punishment is heavier);

1. Selection of imprisonment with prison labor for a violation of the Automobile Management Act;

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 Criminal Act;

1. Sentencing Article 62-2 of the Criminal Code of the Social Service Order.

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