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(영문) 대전지방법원 서산지원 2019.09.26 2019고단537
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant, while purchasing a new Oba (Mixedly SCR) at “C” located in Chungcheongnam-gun B, Chungcheongnam-do, had a mind to forge a registration license plate and attach it to the above Oba, on the ground that there is no cost to register the Oba.

On May 4, 2019, the Defendant used the construction section, etc. in the “C” above, and attached the “D” registration number plate cancelled in the SCR Orala, and thereafter, driven the said part of the registration license plate on the road at the Hanwon-gu, Chungcheongnam-do from that time until May 4, 2019.

For this purpose, the Defendant used the air signator registration number unlawfully, and exercised the air signator registration number unlawfully used.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (on-site conditions, etc.);

1. Records of seizure and the list of seizure;

1. Register of two-wheeled automobiles;

1. Application of statutes on site photographs;

1. Article 78 subparagraph 2 of Article 78 of the Automobile Management Act, Article 71 (1) of the Motor Vehicle Management Act, Article 238 (1) of the Criminal Act, and Article 238 (2) and Article 238 (1) of the Criminal Act, concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor for a violation of the Automobile Management Act;

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 48(1) of the Criminal Act are as follows: (a) the circumstances leading up to each of the instant offenses; (b) the recognition of and reflects the Defendant’s mistake; and (c) the primary offender; and (d) other conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, means and consequence;

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