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(영문) 서울중앙지방법원 2017.02.08 2016고단3821
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. No person who violates the provisions of Acts and subordinate statutes and the Automobile Management Act shall detached the registration number plate and seal attached under the relevant Acts and subordinate statutes, except where permission is obtained from the Mayor/Do Governor or where special provisions are provided for in other Acts;

Nevertheless, at around 14:00 on November 22, 2015, the Defendant removed the registration number plate attached to the Defendant’s D treatment 25 tons truck truck truck vehicle, without permission from the Mayor/Do Governor, and illegally used the public sign by attaching the registration number plate for the purpose of exercising the E-registration number plate purchased from a person whose name is unknown.

2. The Defendant, at the time of the date indicated in paragraph 1 and from December 12, 2015, operated a truck truck with 25 tons of treatment, where the Defendant arbitrarily attached the registration number plate, as described in paragraph 1, from the time of the date indicated in paragraph 1, to December 12, 2015.

Accordingly, the defendant exercised the illegally used air defense.

Summary of Evidence

1. Statement by the defendant in court;

1. Each car registration certificate;

1. Photographs of vehicles;

1. Application of Acts and subordinate statutes to a traffic accident report, a survey report on actual condition, and a traffic accident report;

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 81 subparagraph 1, 10 (2) of the Automobile Management Act (the occupation of evading the registration number plate, choice of imprisonment), 238 (1) of the Criminal Act (the occupation of illegally using the official symbol), 238 (2) and 238 (1) of the Criminal Act (the occupation of exercising the illegally used air) of the Automobile Management Act;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (The reflection, the fact that there is no criminal record of the same kind of imprisonment or a heavier punishment, the circumstances of the crime, and other factors such as the age, sex, family relationship, environment, etc. of the defendant);

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