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(영문) 광주지방법원 2017.04.13 2017고단613
공기호부정사용등
Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 17, 2016, the Defendant: (a) removed the front registration number plate of B 25 tons of truck owned by the Defendant from the port of light moving at the south of 07:00 on October 17, 2016; and (b) kept the front of the B 25 tons of truck in custody at the ordinary place.

C A registration number plate was attached.

From 07:00 on the same day to 20:00 on the same day, the Defendant, from around 07:00 to around 20:00 on the same day, was operated back and after attaching C Motor Vehicle Registration Number Board.

As a result, the Defendant removed the seals of the registration number plate without obtaining permission from the Mayor/Do Governor, used the number plate unlawfully, which is the air, and used the illegally used air.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (verification, etc. of actual objects of a vehicle);

1. Original Register of Automobile Registration (C), (B) and Original Register of Automobile Registration (D);

1. Application of vehicle photographs, photographs of motor vehicle registration certificates, and photographic Acts and subordinate statutes of vehicles (D);

1. Article 238 (1) of the Criminal Act in relation to the crime (the illegal use of official marks), Article 238 (2) and Article 238 (1) of the Criminal Act (the occupation of exercising illegally used air) and Articles 81 subparagraph 1 and 10 (2) of the Automobile Management Act (the occupation of removing seals on the registration number plates);

1. Selection of imprisonment with prison labor for a violation of the Motor Vehicle 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. According to the reasons for sentencing under Article 62(1) of the Criminal Act (the following sentencing conditions are favorable) of the suspended sentence, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances, Defendant’s age, sex, environment, circumstances and outcome of the instant crime, and the following circumstances after the instant crime, the sentence shall be determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant has no record of punishment for the same crime.

The defendant has currently been given a registration number for the business of the vehicle, and does not commit a second offense.

A disadvantageous condition: The defendant has a registration number plate of a vehicle for business from a person who has no name.

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