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(영문) 부산지방법원 동부지원 2014.10.23 2014고단1143
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

The Defendant possessed BM5 car (vehicle No. C) whose registration was revoked on July 27, 2012, and had the intention to arbitrarily attach the registration number plate of ES520 purchased from D on June 2013 to the said BM5 car.

On September 2013, the Defendant removed the registration license plate of ES520 from the F apartment parking lot in Busan, Busan, which is the Defendant’s residence, using tools, such as Draber and pentan, and again attached it to the said BM5 car. From around that time to April 4, 2014, the Defendant operated the FM5 car in Busan, as if the said SM5 car was completed E.

As such, the Defendant illegally used the registration number plate of a motor vehicle, which is an air defense under the Motor Vehicle Management Act, and exercised the illegally used air units, and operated an unregistered motor vehicle at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Copies of documents sent in violation of the Automobile Management Act (Case Number 2013-566);

1. Application of Acts and subordinate statutes to investigation reports (E number plate owners D' telephone statements);

1. Article 238 (1) of the Criminal Act, Article 238 (2) and (1) of the Criminal Act, Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) of the Motor Vehicle Management Act, and Articles 80 subparagraph 1 and 5 of the Motor Vehicle Management Act, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there exists no record of more severe punishment than the fine for the same kind of crime, or that there is a recognition of mistake);

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

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