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(영문) 의정부지방법원 고양지원 2017.04.27 2017고단575
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. No person who has forged, altered, or unlawfully used a motor vehicle registration number plate, or has purchased, sold, mediated for sale, received, or used a forged or altered motor vehicle registration number plate;

On October 2016, the Defendant was the owner of the freight truck C, and the staff of D, who was present at the seat of the freight truck, was removed from the above “C” registration number plate on the ground of the Defendant’s delinquency in the payment of the Defendant’s entrance fees, and was willing to operate the said vehicle by attaching the registration number plate of the other vehicle to the above wing vehicle.

On November 17, 2016, the Defendant attached the “E” registration number plate of the cargo vehicle, which is a special ownership, from the towing company of the said towing vehicle, at the same time, with the freedom of 1721 to the head of Seoyang-gu, Seoyang-gu, Seoyang-gu, the Republic of Korea, the special name of the towing company.

Accordingly, the Defendant used the “E” car registration number plate, which is the mark of public office, for the purpose of exercising the right.

2. From November 17, 2016 to January 20, 2017, the Defendant used the signs of public offices by operating the above wing and freight vehicles with the registration number plate attached, as described in paragraph 1, in ancient cities, as if they were vehicles with the real vehicle registration number plate attached.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each motor vehicle registration certificate, vehicle photograph, and each of the following Acts and subordinate statutes:

1. Article 78 subparagraph 2 of the relevant Act on the Management of Motor Vehicles (the illegal use of the registration number plate of motor vehicle), Article 71 (1) (the illegal use of the registration number plate of motor vehicle), Article 238 (1) (the illegal use of public marks) of the Criminal Act, Article 238 (2) and Article 238 (1) (the use of illegal use air) of the relevant Act on the facts constituting an offense;

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

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

1. Suspension of execution of punishment under Article 62 (1) of the Criminal Act taking into account all circumstances, such as the criminal records of the defendant and motive for the crime;

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