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(영문) 서울동부지방법원 2018.03.07 2017고단4325
자동차관리법위반등
Text

Defendant shall be punished by imprisonment for four months, and the execution shall be suspended for one year from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

1. No person who violates the Automobile Management Act shall detached the automobile registration number plate, except in cases where permission is obtained from the Mayor/Do Governor or where special provisions exist in other Acts;

Nevertheless, on September 2015, the Defendant removed an automobile registration number plate attached after B, in order to replace the front registration number plate of the vehicle kept in custody by the competent authority due to the default of the fine for negligence.

2. No one shall forge or forge a motor vehicle registration number plate, when he/she has forged air hosing, events of air hosing, and violated the Automobile Management Act;

Nevertheless, on September 8, 2015, the Defendant: (a) operated a vehicle with the same shape as the registration number plate of B, mixed with the principal and tin, by removing the registration number plate attached after the vehicle of B from the front line; (b) manufactured the B car registration number plate by making the tin in the same shape as the original of the B car registration number plate; and (c) forged one car registration number plate, which is the air, by putting the forged car registration number plate into the front line of Songpa-gu Seoul around August 8, 2017; and (d) immediately attached the forged car registration number plate to the front line of Songpa-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes governing evidence held in custody;

1. Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) of the same Act, Article 238 (1) and (2) of the Criminal Act, Article 81 subparagraph 1 of the Automobile Management Act, and Article 10 (2) of the same Act;

1. Article 40 or 50 of the Commercial Concurrent Crimes Act (Aggravated punishment shall be imposed on a person who forges or uses a registration number plate of a motor vehicle and between the crimes of forging and using a forged air and the crimes of routing a forged air, and punishment shall be imposed on a person who is more severe);

1. Selection of sentence - Selection of imprisonment - In the ordinary competition, the upper limit is higher than that of imprisonment with heavier punishment.

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