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(영문) 수원지방법원 2013.09.04 2013고단2070
공기호부정사용등
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. On June 19, 2007, at the time of scrapping of the wing-in freight B owned by the Defendant, the Defendant was willing to operate by arbitrarily breaking-out and attaching the number plate of the wing-in freight at his own discretion upon the seizure of the front number plate due to tax payment, around December 9, 2008.

On October 2012, 2012, the Defendant attached B’s number plate to C’s front cab of the cargo vehicle, which was in possession of B as above, to C’s front cab of the cargo vehicle.

Accordingly, the defendant used a motor vehicle registration number plate illegally for the purpose of exercising it.

2. From the date and time indicated in paragraph (1) to April 17:40, 2013, the Defendant operated the C Track freight vehicle, which was one of the vehicles with the number plates attached to B-wing and freight cars at the vicinity of the E-Road at the time of harmony, as if it were the vehicles with the legally registered number plates.

Accordingly, the defendant exercised the illegally used air defense.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of statutes on site photographs;

1. Article 238 (1) (Unlawful Use of Air Code) of the Criminal Act and Article 238 (2) and (1) (Unlawful Use of Air Code) of the Criminal Act concerning facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act (including the fact that the defendant reflects the wrongness of the defendant, etc.);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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