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(영문) 수원지방법원 안산지원 2012.09.28 2011고단3587

절도등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. Around 22:00 on October 18, 201, the Defendant: (a) driven DSS3 car owned by the victim C, which was parked on the street front of the Green Dok-dong located at Sinung-dong at Sinung-si; (b) around 15:00 on the same day, the Defendant used the victim’s vehicle as the key to the vehicle acquired by the victim from his residence located in Sinung-dong at Sinung-dong, and used the victim’s vehicle temporarily.

2. On October 18, 201, from around 22:00 to around 13:00 on October 19, 201, the Defendant driven the said vehicle without obtaining a driver’s license from the 100K road located in Gangnam-gu, Gangnam-gu to the 100K road located in Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article 331-2 of the Criminal Act, the choice of punishment for the crime, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;