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(영문) 대구지방법원 2017.05.26 2016고단1555

자동차불법사용등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 6, 2016, the Defendant illegally used the car-free car in front of the Daegu Dong-gu, Daegu Dong-gu, Daegu-gu, Daegu-gu, and without the consent of the victim D, used the car-free car of 500,000 won at the market price owned by the victim, which was parked there, and used the car of the victim temporarily.

2. On the same date and time as indicated in paragraph 1. C, the Defendant, from the front road located in Daegu Dong-gu, Daegu Dong-gu, to the front road in Daegu Dong-dong-gu, the Defendant, without obtaining a driver’s license, drive the said X-gu-gu car at approximately 300 meters from the front road in Daegu Dong-gu, and driving the said EX-gu car at around March 8, 2016 without obtaining a driver’s license from the front road of the Defendant’s home to the front road in front of the said C-gu.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the respective Acts and subordinate statutes to the reports on theft of vehicles, written statements, reports on recovery of stolen vehicles, reports on the results of field identification, CCTV and vehicle photographs, inquiries about A driver's license, investigation reports (verification of suspect non-licenses), or video reports;

1. Although the pertinent Article of the Criminal Act and Article 331-2 of the Criminal Act provide that “Article 331 of the Criminal Act” is stated in the public prosecutor’s complaint for criminal facts, this seems to be a clerical error in the “Article 331-2 of the Criminal Act.”

(Unlawful Use of Motor Vehicles), Article 152 subparag. 1, Article 43 (Unlicensed Operation) of the Road Traffic Act, and the choice of imprisonment, respectively.

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the scope of the sum of the long-term amounts of two crimes);

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable sentencing conditions among the reasons for sentencing), even though the defendant had been subject to multiple criminal punishments, the defendant committed each of the of the crimes of this case, and its location is unclear, or the defendant is owned by the victim.