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(영문) 대구지방법원 의성지원 2019.03.14 2019고단14
공기호위조등
Text

A defendant shall be punished by imprisonment for six months.

A vehicle number plate (B) seized shall be confiscated (No. 1).

Reasons

Punishment of the crime

On June 8, 2017, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for the violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on June 8, 2017, and the said judgment became final and conclusive on June 16, 2017.

1. On May 2014, the Defendant: (a) the Defendant: (b) made a registration number plate of B car; (c) made the B car registration number plate in a way that the front number plate of B, which was operated by the Defendant due to the failure to pay local taxes, was seized; and (d) made the B car number plate in a rectangular form such as the size of the car number plate, and entered the name “B” in the color with a color luculation; and (c) attached it on the said car.

Accordingly, the defendant forged the car registration number plate, which is an air, for the purpose of exercising.

2. From May 2014 to early 2016, the Defendant operated the instant car with a number plate attached to the forged vehicle registration number plate at the Gumi-si, siwon from May 2014.

Accordingly, the defendant exercised forged air defense.

Summary of Evidence

1. Defendant's legal statement;

1. Results of the TS inquiry, traffic accident records, details of the TTS inquiry, vehicle photographs;

1. Existing vehicle number plates (B) that have been seized;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Article 238 (1) of the Criminal Act and Article 238 (2) and (1) of the Criminal Act concerning facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, following the reason for sentencing under Article 48(1)1 of the Criminal Act, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case, including the circumstances after the crime.

The favorable circumstances: The defendant recognized his mistake and divided, and the crime of violation of the Road Traffic Act, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act.

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