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(영문) 서울북부지방법원 2020.01.10 2019고단4540
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. No person who violates the Automobile Management Act and who illegally uses air defense shall use an automobile registration number plate unlawfully;

Nevertheless, around 15:00 on October 3, 2019, the Defendant attached a motor vehicle registration number, which is an air e, the Defendant and post-related party C kept in the Doz car owned by the Defendant and post-related party C for the purpose of exercising at the parking lot B in Gangseo-gu Seoul Metropolitan Government.

Accordingly, the defendant used the registration number plate unlawfully and used it for the purpose of exercising it.

2. From the date and place specified in paragraph (1) at around 17:35 on the same day, the Defendant carried out a motor vehicle registration number plate which was not returned from approximately 20 km to the roads adjacent to the new railway station located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and operated the same after attaching it to the said motor vehicle.

Accordingly, the defendant exercised the illegally used air defense.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (verification of D Vehicle Register);

1. Article 78 subparagraph 2 of the relevant Act, Article 71 (1) of the Automobile Management Act (Unlawful Use of Registration Number Plate), Article 238 (1) of the Criminal Act (Unlawful Use of Air Code), and Article 283 (2) and Article 283 (1) 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. Article 62 (1) of the Criminal Act;

1. The confiscation of a motor vehicle registration number plate, which is an air defense for the reason of sentencing under Article 48(1) of the Criminal Act, is a crime that impairs the public credibility of the registration number plate, and is not such a crime.

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