Cases
2015 highest 553 highest 553 Illegal Use of Air, Events for Illegal Use Air, Management of Motor Vehicles
Violation of Law, thief, Violation of Road Traffic Act (Unlicensed Driving), Automatic
Violation of the Guarantee of Compensation for Damages Act
Defendant
○○ Kim (1942 Marine Life), Livestock Industry
Prosecutor
official leather (prosecution) and trial of scarcity;
Defense Counsel
Attorney Park Sung-sung (Korean)
Imposition of Judgment
September 4, 2015
Text
A defendant shall be punished by imprisonment for four months.
Reasons
Criminal facts
On December 16, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) by the Jeju District Court on December 16, 201, for two years of suspended sentence, and the judgment becomes final and conclusive on December 24, 2014 and is still under suspended sentence.
1. Larceny, unlawful use of air defense, and violation of the Automobile Management Act;
On January 19, 2015, the Defendant: (a) removed the registration number plate of the freight truck in the ○ farm located in Jeju-si from his hand; and (b) attached the front number plate to the front gallon for Defendant’s operation, which had been kept in custody due to the unpaid payment of automobile tax without authority, as if the registration number plate was legally issued in the front gallon for the passenger car.
As a result, the defendant stolen the registration number plate of an automobile owned by Kim Jong-do, and used it unlawfully.
2. Unlawful-use air events, violation of the Road Traffic Act, and violation of the Guarantee of Automobile Accident Compensation Act;
On January 21, 2015, the Defendant without obtaining a driver’s license, attached a registration license plate that was unlawfully used at the level of 6 km from the road near the above ○○ farm to the road front of the 40-lane in Jeju City to the 40-gil Han-ro. The Defendant operated the said gallon that was not covered by the automobile mandatory insurance.
Summary of Evidence
Omission
Application of Statutes
1. Relevant legal provisions concerning criminal facts: Article 238 (1) and (2) of the Criminal Act (Unlawful use and misappropriation of air defense);
The point of exercising air defense, and Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act (Unlawful registration number plate)
Use, Article 329 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act
1. Standing concurrences: Articles 40 and 50 of the Criminal Act
1. Selection of punishment: Violation of the Automobile Management Act, larceny, and violation of the Guarantee of Automobile Accident Compensation Act; and
Imprisonment Selection
1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;
Reasons for sentencing
The punishment shall be determined as ordered in consideration of the following circumstances:
○ favorable normal circumstances: The fact that all facts constituting the crime are recognized and reflected.
○ Unfavorable Circumstances: The Defendant committed the instant crime without being aware of it during the period of suspension of execution.
○ Other: immediately before scrapping of a vehicle on which the Defendant has stolen a number plate, left alone for a long time.
the defendant was a vehicle of his own Dong, and the defendant was a vehicle of his own Dong to the Egyptian unless public transportation is taken.
the crime of this case is committed in the place of law, rather than in a special plan;
The circumstances to be considered in the motive and circumstances of the crime, such as the fact that the defendant seems to have been old, the defendant's age
Occupation, character and conduct, family relationship of an deceased person
It is so decided as per Disposition for the above reasons.
Judges
Kim Jong-min