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(영문) 수원지방법원 2016.06.15 2016고단2044
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for not less than three 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 motor vehicle management violation, or the registration number plate and seal of an motor vehicle unlawfully used in air shall be detached, except in cases where permission is obtained from the Mayor/Do Governor or where special provisions exist in other Acts;

On January 1, 2016, at the defendant's house parking lot located in Yong-si, 09:00, the defendant set up a front of and rear the car car owned by the defendant, and removed the seals, removed the car registration number plate, and then affixed the Dsan PP car before and after it.

Accordingly, the Defendant, without permission of the Mayor/Do Governor and other laws, removed a motor vehicle registration number plate and seal, and unlawfully used the official sign for the purpose of exercising it by attaching it to other vehicles.

2. The Defendant, as indicated in paragraph 1, was driving a D. P. P. P. P. D. car with C’s registration number plate from January 1, 2016 to March 13, 2016, after going to and from the Defendant’s home to the Defendant’s workplace located in Seoul Jung-gu, Seoul, for the purpose of going to and going to rest.

Accordingly, the defendant exercised the illegally used air defense.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. A copy of each motor vehicle registration certificate;

1. Application of the statutes governing crime photographs;

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 81 subparagraph 1 and 10 (2) of the Automobile Management Act (the act of arbitrarily removing the number plate and seal of the registration of the automobile, the selection of the punishment by imprisonment), Article 238 (1) of the Criminal Act (the act of illegally using the official symbol) and Articles 238 (2) and 238 (1) of the Criminal Act (the act of exercising the unlawful use air defense);

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. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Consideration of crimes, degree of reflectance, relationship of previous crimes, etc.);

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