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(영문) 인천지방법원 2015.11.18 2015고단5742
공기호부정사용등
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

No one shall unlawfully use a registration number plate under the Motor Vehicle Management Act.

On July 9, 2015, the Defendant: (a) received the registration number plate of E from the deceased; (b) attached the said registration number plate to the front gate of the Gteama car owned by F; and (c) operated from the above place to the first H in Gyeyang-gu Incheon Metropolitan City.

Accordingly, the defendant used air illegally, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. Application of Acts and subordinate statutes on screening cars, front license plate of vehicles;

1. Relevant provisions of Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) of the Motor Vehicle Management Act, Article 238 (1) of the Criminal Act, 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 (the crimes of violating Automobile Management Act and the crimes of illegally using air, and the punishment prescribed for the crimes of violating the Motor Vehicle Management Act of which punishment is heavier);

1. Selection of imprisonment with prison labor for a violation of the Automobile Management Act;

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 on the stay of execution (the fact that the defendant reflects the crime of this case, the fact that there was no record of punishment exceeding the fine, and other various sentencing conditions);

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