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(영문) 창원지방법원 2018.07.19 2018고단1364
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 2016, the Defendant kept in custody the registration number plate of the Cp Driet No. B and 103 at Kimhae-si, and the Defendant’s house due to the failure to pay automobile tax at the Defendant’s house, the Defendant placed in custody the registration number plate of the Cp Driet No. 1 on the steel plate of the size of the registration number plate for the purpose of attaching it to the said car in lieu of the number plate kept in custody, and forged one registration number plate of the air in order to create a registration number plate by marking it “C” using a white paint.

2. Around May 15, 2018, the Defendant used forged registration number plates at Kimhae-si, which were attached to the said passenger car, and exercised a forged registration number plate.

3. No person who violates the Automobile Management Act shall forge any registration number plate of a motor vehicle or use any forged registration number plate;

The Defendant forged the registration number plate as above at the date, time, and place mentioned in paragraph 1, and used the forged registration number plate at the time and place mentioned in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on occurrence (Violation of the Automobile Management Act);

1. Investigation report (attaching photographs of forged registration number plates);

1. Application of statutes on records of seizure and lists of seizure;

1. Article 238 (1) of the Criminal Act (the point of Article 238 of the Public Code), Article 238 (2) and Article 238 (1) of the Criminal Act (the point of exercising forged air defense), Article 78 subparagraph 2 of the Automobile Management Act, and Article 71 (1) (the point of forging and using a registration number plate) of the relevant Act on criminal facts;

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

1. Selection of each sentence of imprisonment;

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. Article 62(1) of the Criminal Act on the Suspension of Execution (the Defendant’s registration number plate was kept in custody due to the default of automobile tax, and the Defendant committed the instant crime in order to have his work carried out, not the crime committed for the purpose of abusing it to other crimes, etc., and made confession.

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