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(영문) 광주지방법원 2013.07.17 2013고단2170

자동차불법사용등

Text

A defendant shall be punished by imprisonment for six months.

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

Defendant,

1. On January 27, 2013, around 02:40, at the Epline located in Gwangju Mine-gu, a driver without the victim F's consent to temporarily use another person's automobile without the victim's consent by finding the key of the vehicle at the front place of the early receipt and finding it out the key of the vehicle at the front place of the early receipt, starting from the front place of the operation and driving to the vicinity of the H apartment;

2. On January 27, 2013, at around 02:45, the injured party J (Nam, 29 years of age) opened a driver’s seat and opened the string of the Defendant’s shoulder on two or three occasions, leaving the victim’s shoulder away from the string of the vehicle by hand, and go beyond the ground floor, the injured party J in need of approximately two weeks of treatment. The injured party K (Nam, 29 years of age) continuously opened a driver’s seat and opened the Defendant’s shoulder on two or three occasions by hand, and caused the injured party K (Nam, 29 years of age) by cutting off the Defendant’s shoulder from the string of the 4-day tight vehicle, thereby causing injury to the victim K, such as the right-hand lafing laf, etc. for four weeks of treatment.

3. A while under the influence of alcohol concentration of 0.13% at the time and time set forth in paragraph 1, Gunst motor vehicle was driven by driving about about 1 km to the front roads of H apartment in Gwangju Mine-gu, Gwangju Mine-gu, and driving a Gunst motor vehicle in front of the H apartment in Gwangju Mine-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement to K and J;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes (a medical certificate (66 pages, 67 pages) ;

1. Relevant Article 331-2 of the Criminal Act, the choice of punishment for the crime, Article 257 (1) of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest of the punishment prescribed for the violation of the Road Traffic Act shall govern the concurrent crimes resulting from the concurrent crimes prescribed for the crime of injury to the victim K; the lowest of the punishment prescribed for the crime of violation of the Road Traffic

1. Article 62(1) of the Criminal Act provides that the defendant shall be punished by a fine on drinking under the influence of alcohol.