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(영문) 제주지방법원 2017.10.25 2016고단1349
자동차관리법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is the owner of 2 vehicles which has a gallon B.

1. No person shall use any forged or forged motor vehicle registration number plate;

Nevertheless, in early December 2015, the Defendant: (a) laid a white plate with a size of a car registration number plate for the purpose of exercising it; and (b) laid a car number and the body of the plate using a verification-type watch plate; and (c) attached it to the front number plate of the gallon, and operated the said car several times from around that time until December 29 of the same month.

Accordingly, the Defendant forged the car number plate, which is an air defense, and exercised it.

2. On March 2016, the Defendant: (a) found the number plate of F Mayp vehicle, which was found on the south-side road of “D E” located at the time of the inter-speaking in the middle of the week; and (b) attached it to the front number plate to the Defendant’s gallon; (c) around April 20, 2016, the Defendant operated the said gallon vehicle in front of the “near elementary school” located at Jeju-si, 44 square meters in front of the gallon.

Accordingly, the defendant used the car registration number plate which is air hosing, and exercised the air hosing illegally used.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A protocol of seizure and a list of seizure;

1. Each investigation report (verification of number plate owners, G telephone conversations, vehicle owners, and car center operators telephone conversations);

1. Application of the Acts and subordinate statutes on false registration number plates;

1. Article 78 subparagraph 2 of the relevant Act on the Management of Motor Vehicles and Article 71 (1) (the fact of Article 78 of the said Act on the registration number plate of motor vehicle), Article 238 (1) of the Criminal Act (the fact of forging public marks and unlawful use of public marks) and Article 238 (2) and Article 238 (1) of the relevant Criminal Act on the facts constituting an offense (the point of exercising the defense of forged air and exercising the defense of illegally used air);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violating the Automobile Management Act and the crimes of forging air, whichever are more severe, shall be imposed on the crimes of violating the Automobile Management Act;

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