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(영문) 서울남부지방법원 2016.11.17 2016고단3047
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, around 2015, was kept in custody by the competent authority, attached the registration number plate attached in front of Bchip car owned by the Defendant. On May 2016, the Defendant removed the registration number plate attached in front of Cchip II car owned by the Defendant and attached it to the front of the Cchip car, which is owned by the Defendant.

1. Around May 15, 2016, the Defendant violated the Automobile Management Act and the Defendant illegally using air defense: (a) removed the C registration number plate attached in front of the said CPoter II car at the front of Yeongdeungpo-gu Seoul Metropolitan Government D on the street; and (b) attached it in front of the said Bpool car.

Accordingly, the defendant used the registration number plate which is the symbol of public office without authority for the purpose of exercising.

2. Around May 15, 2016, the Defendant operated the said B B franchise-house car with the registration number plate attached, as described in paragraph (1), from the Dong small street group located in Bupyeong-gu Incheon Bupyeong-gu, Bupyeong-gu, Incheon, as of May 14:30.

Accordingly, the defendant exercised the marks of public offices that were unlawfully used.

Summary of Evidence

1. Defendant's legal statement;

1. Control photographs against traffic signal violations, comprehensive details of each vehicle, CPoter II vehicles and application of the Acts and subordinate statutes to the number plate photographs;

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 238 (2) and Article 238 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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. Social service order under Article 62-2 of the Criminal Act;

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