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(영문) 부산지방법원 2016.11.24 2016고단3997
공기호위조등
Text

1. The defendant shall be punished by imprisonment for six months;

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

3.

Reasons

Punishment of the crime

1. D Poter vehicles under the name of the Defendant’s wife C for forgery of air defense and uttering of forged air defense have been subject to a disposition of business suspension for three months (from March 16, 2016 to June 13, 2016) due to a violation of the Trucking Transport Business Act, and had their number plates kept in custody in the competent Gu office, and had the said Poter vehicle be operated by forging and forging the number plates of the said Poter vehicle.

On May 2016, the Defendant: (a) forged the number plate of the Poter vehicle as “G” using a cryle board at the “F” store operated by the Defendant’s Dok-gu, Busan; and (b) exercised the forged number plate by attaching it to the front number plate of the vehicle.

2. Any person who violates the Guarantee of Automobile Accident Compensation Act shall carry out the mandatory insurance, and shall not operate any automobile not covered by the mandatory insurance;

Nevertheless, around May 28, 2016, the defendant operated the above D Poter vehicle that was not covered by mandatory insurance at the Jung-gu gravel market in Busan and the Busan Passenger Terminal.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes, such as automobile insurance and notice of administrative disposition;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Article 238(1) of the Criminal Act and Article 238(2) and (1) of the Criminal Act (a point of uttering of counterfeited air defense);

(b) Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 (Conduct of Operation of Mandatory Insurance) and the choice of imprisonment;

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

3. Article 62 (1) of the Criminal Act;

4. Taking into account the fact that there is no record of the same kind of crime for the reason of sentencing under Article 48(1)2 of the Criminal Act, the fact that there is no record of imprisonment without prison labor or heavier punishment, and the fact that it is

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