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(영문) 부산지방법원 2015.08.26 2015고단2956
공기호부정사용등
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 became final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Motor Vehicle Management Act shall detached a registration license plate and its seal attached to an automobile, except where permission is obtained from the Mayor/Do Governor or where special provisions exist in other Acts;

Nevertheless, as the defendant was kept in custody of the front number plate of the freight truck B in the operation of the defendant from the competent Gu office due to the delinquency in the payment of the administrative fine, the defendant was able to remove the front number plate of the freight truck C owned by the defendant from the front board of the freight truck in the possession of the defendant, and on February 2, 2015, the defendant was released from the front number plate of the freight truck in the possession of the defendant in the front of the 212-dong, Busan Sagu E Apartment-gu, 2015.

2. The Defendant illegally used air defense in a manner of attaching the front number plate, which is an air defense, to the front number plate, at a time and at a place specified in paragraph (1). The Defendant unlawfully used air defense by attaching the front number plate to the front number plate of the cargo vehicle B.

3. On April 16, 2015, at around 13:19, the Defendant used freight cars illegally using air as described in paragraph (1) from the above rental apartment parking lot to the warehouse building used by the Defendant located near the same apartment to the point of 300 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Reporting on detection, on-site photographs, response to the fact of holding a motor vehicle registration license plate in custody, and submission of video data and requests for cooperation in investigation (related to the keeping of a license plate in custody);

1. Application of Acts and subordinate statutes to each investigation report (the protection of air, unlawful use, etc., commuting investigation, telephone conversations with a suspect);

1. Relevant legal provisions concerning facts constituting an offense, Article 238 (1) and (2) of the Criminal Act (the point of exercising unlawful air defense) of the choice of punishment, and Articles 81 subparagraph 1 and 10 (2) of the Automobile Management Act (the point of removing a registration license plate of an automobile, and imprisonment);

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

1. The period of suspended execution exceeds the fine under Article 62(1) of the Criminal Act;

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