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(영문) 대전지방법원 천안지원 2016.08.19 2016고단926
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

A. Around that time, the Defendant’s vehicle registration number plate was unlawfully used by air hospers, attaching it to the front mosper for SM5 passenger cars owned by the Defendant for the purpose of uttering.

3. On February 28, 2016, around 00:05, the Defendant held an air sign unlawfully used by the Defendant, who attached the registration number plate of the CM5 car on the front of the “E cafeteria” road located in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, as prescribed in paragraph (2).

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs and the original register of motor vehicle registration;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Relevant legal provisions concerning criminal facts, Articles 78 subparag. 2, 71(1) (a) of the Automobile Management Act, Article 329 (a) of the Criminal Act, Article 238(1) (a) of the Criminal Act, Article 238 of the Criminal Act, and Article 238(2) (a) of the Criminal Act concerning the illegal use of official marks) of the Automobile Management Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crime of unlawful use of public marks and the crime of violation of the Automobile Management Act, and the punishment imposed on a crime of violation of the Motor Vehicle Management Act of which punishment is heavier);

1. Selection of imprisonment with prison labor for a crime of selective larceny of punishment and violation 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 suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] / [the grounds for sentencing of general property / [the scope of recommendations] / [no person subject to special sentencing] / [6 months to 1 year and 6 months] / The violation of the Automobile Management Act and the crime of illegally-used air hosing shall not be set in sentencing guidelines / [the decision of sentencing] / the fact that it is not good that the crime has been committed undermining social credibility in the public symbol by cutting the registration number plate of a motor vehicle and attaching it to other vehicles, and it is not good that the defendant has any same power, and that the defendant is against the time of committing a crime and wrong, etc., the punishment shall be determined as per the disposition of this case, taking into account various sentencing conditions indicated in the trial proceedings of this case.

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