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(영문) 부산지방법원 동부지원 2021.02.16 2020고단2453
공기호부정사용등
Text

A defendant shall be punished by imprisonment for four 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. No person who violates the provisions of the Automobile Management Act and the illegal use of air, shall forge, alter, or unlawfully use a motor vehicle registration number plate under the Motor Vehicle Management Act;

At around 13:50 on June 13, 2020, the Defendant carried out a cut-out operation of the Mar. 13, 2020, for the transportation cost to move to the exhibition of the vehicle, and attached the registration number plate of the “D” in front of the said M. car and attached the registration number plate of the “E” to the above M. car.

Accordingly, the defendant used a car registration number plate which is an air for the purpose of exercising the right.

2. On June 13, 2016, from around 13:50 to around 14:10 on the same day, the Defendant exercised the air defense that was illegally used by running the said car with “D” and “E” registration license plate attached, from around 300 meters from the place specified in paragraph (1) to the front road of the Nam-gu Busan apartment to the Busan apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on the list of search and seizure of site photographs, police registers of motor vehicles, and seizure records;

1. Article 238 (1) of the Criminal Act in relation to the facts constituting an offense (the use of symbols illegally), Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) (the use of car registration number plates) of the Automobile Management Act, Article 238 (2) and Article 238 (1) of the Criminal Act (the use of illegally used air defense) of the same Act, and Articles 40 and 50 of the same Act of the same Act of the ordinary concurrent crimes

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 suspended execution;

1. Each of the crimes in this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act is a crime causing the general public to mislead the identity of a motor vehicle, and the nature of the crime or the motive for the crime is not good.

However, the defendant's mistake is divided, and criminal punishment is imposed.

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