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(영문) 서울중앙지방법원 2019.05.09 2019고단1498
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for four 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. Around 14:00 on January 19, 2019, the Defendant violated the Automobile Management Act and the Defendant illegally used air defense at the “C” operated by himself in Jung-gu Seoul Metropolitan Government, and arbitrarily removed the automobile number plate of the Defendant’s name “D” of the “D” of the Defendant’s name, and arbitrarily attached to the “TRICITY” motorcycle which the Defendant purchased with a heavy weight in advance.

Accordingly, the defendant used a two-wheeled automobile number plate unlawfully and used the marks of public offices for the purpose of exercising it.

2. The Defendant for the illegal use air defense event had, as in January 19, 2019 to December 24, 2019, E, who was unaware of the fact that the two-wheeled automobile number plate was used unlawfully, had the Defendant operate the above "TRICY" motor bicycle in Jongno-gu Seoul Metropolitan Government.

Accordingly, the defendant exercised the marks of public offices used unlawfully by using E.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Records of seizure and the list of seizure (including submission thereof);

1. Certificate of disuse or report completion certificate of use of two-wheeled automobiles;

1. Application of statutes on field photographs;

1. Relevant Article 238 (1) of the Criminal Act for the crime, subparagraph 2 of Article 78, Article 71 (1) of the Automobile Management Act, Article 238 (2) and (1), and Article 34 (1) of the Criminal Act for the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of unlawful use of air defense and the crimes of violation of Automobile Management Act);

1. Selection of imprisonment with prison labor for a violation of the 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 ( considered as the following favorable circumstances):

1. A normal condition favorable to the reason for sentencing under Article 48(1)1 of the Criminal Act: The defendant has no record of punishment exceeding a fine, and all of the crimes are recognized.

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