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(영문) 인천지방법원 2020.08.07 2020고단4104
자동차관리법위반등
Text

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

No person shall be affiliated with a third party, except where he/she obtains permission from the Mayor/Do Governor and where there are special provisions in other Acts, nor use a motor vehicle registration number plate under the Motor Vehicle Management Act unlawfully.

Nevertheless, the Defendant arbitrarily removed two number plates in front and rear of the CNS car owned by the Defendant in order to not pay the overdue car tax at the second floor parking lot of Yeonsu-gu Incheon, Yeonsu-gu, Incheon, 2019, and attached a motor vehicle registration number plate D, which was kept in advance on the number plate.

Accordingly, the defendant detached a motor vehicle registration number without permission of the competent authority, and denied the air defenseer registration number for the purpose of exercising it.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. Application of Acts and subordinate statutes on site photographs of unclaimed vehicles;

1. Selection of imprisonment with prison labor for each type of crime under Article 81 subparagraph 1 of Article 81 of the relevant Act, Article 10 (2) of the Automobile Management Act, Article 78 subparagraph 2 of the same Act, Article 71 (1) of the same Act, Article 238 (2) and Article 238 (1) of the Criminal Act, and Article 40 and Article 50 of the same Act, each of them shall be punished by imprisonment with prison labor for each type of crime;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The defendant's criminal records of sentencing under Article 62-2 of the Social Service Order Act are disadvantageous to the defendant.

However, the circumstances leading up to the crime of this case, the fact that the defendant did not proceed to the operation of the motor vehicle, the fact that the defendant recognized the error and scrapped the motor vehicle of this case, etc., and the fact that the defendant did not have any criminal record exceeding the fine, etc. are considered as favorable to the defendant.

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