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(영문) 대구지방법원 2019.05.21 2019고단1136
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

1. No person who has forged air defense and violated the Automobile Management Act shall forge an automobile registration number plate;

On January 19, 2019, the Defendant: (a) on January 19, 2019, when the Defendant kept the registration number plate of DSS5 car operated by C for the reason of tax arrears; and (b) forged the registration number plate by printing D number in A4 for the purpose of forging and using it for the purpose of utteringing the registration number plate for forgery and use; and (c) attaching it to the front registration number plate by using Scar tape.

Accordingly, the defendant forged the air hono registration number plate for the purpose of exercising.

2. No person who has violated the forged air events and the Automobile Management Act shall use the forged motor vehicle registration number plate.

On February 19, 2019, the Defendant: (a) operated the said car with a forged registration number plate attached from the same place as indicated in the preceding paragraph at around 20:20 on February 19, 2019 to the front road of the Gyeongbuk-gun, Chungcheongnam-do; and (b) as if it attached a normal number plate.

Accordingly, the defendant used a forged motor vehicle registration number plate and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Application of the Acts and subordinate statutes notifying persons subject to administrative fines;

1. Relevant Article 238 (1) of the Criminal Act, Article 238 (2) of the Criminal Act (a point where the registration number plate is exercised), subparagraph 2 of Article 78 of the Automobile Management Act, and Article 71 (1) of the Automobile Management 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 violating the Automobile Management Act;

1. The grounds for suspended sentence under Article 62(1) of the Criminal Act are as follows: the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various kinds of sentencing shown in the arguments in the instant case.

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