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(영문) 춘천지방법원 2020.05.28 2020고단164
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

1. On November 30, 2019, the Defendant violated the Automobile Management Act and the Defendant illegally using air, at the apartment parking lot B, Chuncheon, and on November 26, 2019, the collection of Chuncheon viewing and the public official kept in custody the front number plate of the vehicle owned by the Defendant for the reason of the delinquency in the payment of the fine for negligence, and attached the D number plate which was found to be soon discovered in the front of the said rocketing passenger car.

Accordingly, the defendant used the registration number plate unlawfully and used it unlawfully for the purpose of exercising it.

2. The Defendant at an illegal-use air defense event exercised the air defense that was illegally used by running a Crocketing motor vehicle registration license plate attached to the front of the D motor vehicle registration license plate from the place indicated in paragraph (1) on December 2, 201 to approximately 5.6 km from the place indicated in paragraph (1) to E.

Summary of Evidence

1. Defendant's legal statement;

1. A report on occurrence and on-site photographs;

1. Request for cooperation in investigation, reply to request for cooperation in investigation related to the registration number plate keeping, custody certificate of a motor vehicle registration number plate, and C number keeping photograph;

1. Application of Acts and subordinate statutes concerning internal investigation reports, details of attachment of the vehicle identification number plate AD, and photographics;

1. Article 78 subparagraph 2 of the Article 78 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) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a violation of the Automobile Management Act and a violation of the Motor Vehicle Management Act, of which punishment is more severe among crimes of violating the Motor Vehicle Management Act and unlawful use of air)

1. Selection of alternative imprisonment with labor (violation of 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;

1. All the reasons for sentencing under Article 62-2 of the Social Service Order Act, including the acquisition of the instant registration number plate of this case, the illegal use, the circumstances and degree of the event, and the Defendant’s previous conviction or suspended execution.

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