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(영문) 부산지방법원 2021.01.21 2020고단3441
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On February 2020, the Defendant: (a) acquired and operated a car from Bone Star Co., Ltd. in the name of the name of the passenger; (b) around February 2016, the registration number plate of the front of the said vehicle was arbitrarily manufactured, affixed, and displayed the number plate on the front of the vehicle.

1. On February 2, 2020, the Defendant violated the Automobile Management Act, counterfeited air hographing, and forged air hographing machines, the Defendant: (a) laid the D’s “D” sign at the bar of the French-gu Busan, Busan, on a white acrylic board; (b) attached it on the front of the said Lone Star vehicle; (c) forged the registration number plate, which is the sign of the public office, for the purpose of exercising the said vehicle by operating the said vehicle from around that time to June 18, 2020; and (d) exercised the forged registration number plate.

2. On June 18, 2020, the Defendant violated the Guarantee of Automobile Compensation Act, operated the said vehicle that was not covered by mandatory insurance on the adjacent apartment road of Busan So-gu E-gu, Busan, and the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A forged number plate photograph;

1. Application of Acts and subordinate statutes to inquire about mandatory insurance subscribers;

1. Article 238 (1) of the Criminal Act (the point of Article 238 of the Public Code), Article 238 (2) and Article 238 (1) of the Criminal Act (the point of exercising forged air defense), Article 78 subparagraph 2 and Article 71 (1) of the Automobile Management Act (the point of forging and using a registration number plate), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile with no mandatory insurance) concerning the crime;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment imposed on the crime of forging a public sign and the crime of violating the Automobile Management Act, the punishment imposed on the crime of violating the Motor Vehicle Management Act of which punishment is heavier, the punishment between the crime of forging a forged air and the crime of violating the Motor Vehicle Management Act, and the punishment imposed on the crime of violating the Motor Vehicle Management Act of which punishment is heavier);

1. Selection of each sentence 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 reason for sentencing of Article 62-2 of the Social Service Order Criminal Act is the public trust in relation to automobile registration number plates due to the instant crime.

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