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(영문) 수원지방법원 성남지원 2017.03.10 2016고단3949
공기호위조등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a cargo vehicle of 1.3 tons in Franlon.

1. When the number plate of the freight truck was kept in custody due to the delinquency in payment of the fine for negligence, the Defendant forged another person’s cargo number plate and forged another person’s cargo number plate to be attached to the foregoing cargo vehicle. On November 17, 2016, at the Defendant’s residence located in Gwangju City, the Defendant forged one registration number plate, which is a public office’s sign, in a manner of displaying “D” with the number plate-shaped.

2. The Defendant at the time and place indicated in paragraph 1, attached the registration number plate of a forged motor vehicle at the place, as above, to the front offender of the freight vehicle, and exercised the vehicle registration number plate, which is the sign of a forged public office, by operating the forged motor vehicle in Gwangju city from around that time to November 24, 2016, to November 35, 2016.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, around November 24, 2016, the Defendant operated the instant B B F truck, which was not covered by mandatory insurance on the front road of Gwangju-si, Gwangju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A police seizure protocol and a list of seizure;

1. Mandatory insurance certificate;

1. Application of Acts and subordinate statutes governing the detection field photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 238 (1) of the Criminal Act (the point of Article 238 of the Official Code), Article 238 (2) and Article 238 (1) of the Criminal Act (the point of exercising forged air defense), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not mandatory insurance and the choice of imprisonment);

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 suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act should be taken into consideration, such as confession, reflectivity, records of the same crime, and circumstances of this case.

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