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(영문) 대구지방법원 서부지원 2018.06.21 2017고단2833
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On February 2, 2015, the Defendant leased the said off-line vehicle to E with knowledge that D treatment-based vehicles are private-use vehicles not permitted as business vehicles, and issued F number plates to E with no number plates, and caused E to operate the said off-line vehicle by attaching wrong number plates from February 2015 to April 19, 2017.

Accordingly, the defendant used the car number plate unlawfully.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement related to G;

1. Application of a certificate of violation of laws, the ledger of registration of each motor vehicle, and statutes on sites for detection photographs;

1. Article 78 of the relevant Act and Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act concerning criminal facts, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime without being subject to suspended sentence even during the period of each suspended sentence.

In particular, even though there are many punishment records due to the crime of the same kind such as violation of the Automobile Management Act, illegal use of the air, and the same events, there is a high possibility of criticism in the sense of the crime.

As such, it is inevitable to punish the defendant who has lack of compliance with punishment with severe punishment.

However, the fact that the defendant is against the time of committing the crime in this case and that the defendant is going to leave from the cargo transportation business in the future and does not repeat again shall be considered as favorable circumstances.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.

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