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(영문) 광주지방법원 2014.12.12 2014고단3364
자동차관리법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. Around October 2013, the Defendant violated the Automobile Management Act and the Defendant’s unlawful use of air defense had a registration number plate attached in front of the ESF office’s BF office and failed to operate the said car by reason of delinquency in the payment of a fine for negligence for a motor vehicle. When the Defendant acquired C’s back registration number plate of the ESF office in a manner that is not known, the Defendant was willing to operate the said D registration number plate by attaching it to the above EF office or another car. On November 201, 2013, the Defendant attached the said D registration number plate to the above EF office at the Defendant’s home located in Young-gun, Young-gun, Young-gun, Ma-gun.

Accordingly, the defendant used the registration number plate unlawfully and used it unlawfully.

2. On November 12, 2013, the Defendant operated an eFna car with D registration number plate attached from the above residence to the national highway No. 23, Yong-nam Military Document 23, e.g., from the foregoing dwelling to the national highway.

Accordingly, the defendant exercised the illegally used air defense.

3. Violation of the Road Traffic Act (unlicensed Driving) provided that the Defendant operated the said EFna-car without obtaining a driver’s license at the time and place specified in the above paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. Application of Acts and subordinate statutes to investigation reports (locating a number plate), custody certificates, photographs, data related to the registration of motor vehicles, vehicle register, vehicle register, vehicle driving license register, investigation report (Attachment to a copy of a vehicle registration certificate);

1. Article 78 subparagraph 2 of the Act on Criminal Facts, Articles 71 (1) and 78 (1) of the Automobile Management Act (the illegal use of number plates), Article 238 (1) of the Criminal Act (the illegal use of air defense), Article 238 (2) and Article 238 (1) of the Criminal Act (the use of unlawful use air defense), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.

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