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(영문) 수원지방법원 안산지원 2016.10.28 2016고단3673
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

1. Around 09:00 on July 27, 2016, the Defendant was driving a C-car owned by the Defendant without a vehicle driver’s license in a section of approximately 45 km from the front Do of the Incheon Cheongjin-gun, Incheon, to the front Do of the Dong-dong 1076-17.

2. No person who violates the Motor Vehicle Management Act shall forge, alter, or unlawfully use a registration number plate;

Nevertheless, at around 07:00 on July 27, 2016, the Defendant was unable to operate the front registration number plate of the vehicle listed in paragraph (1) prior to the failure to pay an administrative fine, due to the failure to pay the administrative fine, and the Defendant made it difficult to attach the front registration number plate of the vehicle listed in paragraph (1) above. For the purpose of exercising, the Defendant manufactured the front registration number plate of the vehicle without authority by stating it as “C” in the same size as the front registration number plate after the vehicle, using a white paint and a tamp with a color color, and forged one motor vehicle registration number plate of the air string, and immediately attached the forged registration number plate to the front registration number plate of the vehicle, and operated it unlawfully and used it as stated in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the driver's license ledger and statutes governing field photographs;

1. Relevant laws concerning facts constituting an offense, subparagraph 2 of Article 78, Article 71 (1) of the Automobile Management Act (a point of forgery or fraudulent use of a registration number plate), subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor for each of the choice of punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (not only before and after the defendant was committed, but also after the confession of the defendant and reflective facts);

1. It is so decided as per Disposition for reasons under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, and Article 59 or more of the Act on Probation, etc.;

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