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(영문) 서울북부지방법원 2015.09.02 2015고단2169
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six 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

While the Defendant purchased and kept Brazil (VJ)125 Oral Ba in order to use it for commuting to and from work, the Defendant was willing to attach a registration number plate attached to C Epic (SC) 125 Oral Ba, owned by the Defendant to use it.

On April 2, 2015, the Defendant: (a) attached the registration number plate, which was removed from the above E-C (SC) 125 Oratobro, at the 174 E-C (SC) parking lot for the Gangnam-gu Seoul Northern apartment, Gangnam-gu, Seoul, and operated the B-C (V) 125 Orab by June 2, 2015, along with the attachment of the registration number plate attached to the B-C (V) 125 Orab, which was located in the said E-C (V).

Accordingly, the Defendant used the registration number plate unlawfully and used the marks of public offices for the purpose of exercising the registration number plate, and exercised them.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to a suitable inquiry, a report on the use of a two-wheeled motor vehicle, and each photograph;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violating Automobile Management Act and the crimes of illegally using air, and the punishment prescribed for the crimes of violating the Motor Vehicle Management Act of which punishment is heavier);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under Acts: One month to fifteen years; and

2. Crimes for which the sentencing criteria are not set;

3. Determination of the sentence is against the Defendant, and there are circumstances that may be considered in the course of the commission of the crime, taking into account the following factors: (a) the fact that there are no special criminal records other than once a fine, which is a previous criminal of this case; and (b) the sentencing factors appearing in the records of this case, such as the background, mode, circumstances after the crime, the age, character and conduct, and environment of the Defendant.

It is so decided as per Disposition for the above reasons.

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