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(영문) 서울중앙지방법원 2019.02.14 2018고단6739
공기호부정사용등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant’s status is the owner of Benz’s automobiles, Cenz’s automobiles, and D Wenz’s automobiles.

2. On March 11, 2018, at around 18:30, the Defendant violated the Automobile Management Act: (a) the registration license plate of Cbenz car, which was removed in advance from the road located in 116-86, Namcheon-si, Chungcheongnam-do, Namcheon-si, Namcheon-do, is attached to the front registration number plate of BWz car; and (b) the Defendant operated to the underground parking lot of Gangnam-gu Seoul Metropolitan Government E apartment at around 21:30 on the same day.

Accordingly, the defendant used a registration number plate as an air defense in an illegal way, and exercised an air defense in an unlawful way.

3. On April 26, 2018, around 18:30 on April 26, 2018, the Defendant violated the Automobile Management Act: (a) at the Defendant’s residence of the Gangnam-gu Seoul E apartmentF, the Defendant cut the white nick site into the size of the registration license plate; (b) made two registration license plate of “G” by attaching the number and number made of the test nick site to a white nick site; and (c) on April 28, 2018, the Defendant attached the number and number made of the nick site to the back registration number plate of the said E apartment at the H apartment’s parking lot; and (d) on the same day, the Defendant continued to attach the number and number made of the nick site to the back registration license plate of the car at the above E apartment underground parking lot on the same day.

Accordingly, the defendant forged the registration number plate, which is an air defense, and exercised it.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. A copy of each protocol of suspect examination of the police as to I;

1. Report on internal investigation (Evidence Nos. 10, 11, 13) and investigation report (Evidence List No. 16);

1. Records of seizure and the list of seizure;

1. The comprehensive details and the register of automobiles A;

1. Application of Acts and subordinate statutes to each CCTV photograph and seized article photograph;

1. Article 238 (1) of the Criminal Act applicable to the facts constituting an offense; Article 238 (2) and (1) of the Criminal Act; Article 78 subparagraph 2 of the Automobile Management Act; Article 71 (1) of the Motor Vehicle Management Act;

1. Trade name;

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