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(영문) 수원지방법원 2016.07.26 2016고단2533

자동차불법사용등

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Illegal use of automobiles;

A. On April 8, 2016, around 20:30, the Defendant: (a) discovered the E-observer car owned by the victim D, which was driven in front of the Cart, and was parked in the front way of the F building at the 180-meter away from the above victim’s consent, on the ground that it interfered with traffic; and (b) discovered the E-observer car in front of the F building, the Defendant driven the said vehicle without the consent of the said victim.

B. The Defendant, at around 23:00 on the same day, parked the said vehicle at approximately 180 meters away from the front side of the F building to the C Et-way without the victim’s consent.

Accordingly, the defendant used another person's automobile temporarily more than twice without the consent of the right holder.

2. The Defendant 1 was driving a total of 360 meters of E options car without a driver’s license at the date and place specified in paragraph 1 above, and at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 331-2 (Unlawful Use of Motor Vehicles) of the Criminal Act concerning the facts constituting an offense, Article 152 subparagraph 1 and Article 43 (Unlicensed Driving) of the Road Traffic Act;

1. Selection of a selective fine for punishment (the defendant reflects the fact that he is the defendant, the defendant has a majority of criminal records of the same kind, and the crime of this case was committed during the period of repeated crime; however, it is not appropriate to sentence a sentence in light of the circumstances in which the defendant drives a motor vehicle, and taking into account the age of the defendant, sexual behavior, environment, etc. and sentencing conditions prescribed in Article 5

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;