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(영문) 서울북부지방법원 2014.11.11 2014고정2222

자동차불법사용등

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

On October 16, 2014, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Northern District Court for fraud, etc., and the judgment became final and conclusive on October 24 of the same year.

1. On July 9, 2013, at around 14:00, the Defendant found that he/she was in the victim B’s residence where he/she was in a school between approximately 1 month, and used the said car temporarily without the victim’s consent, by making use of the gaps in cleaning the key of the CM3 car owned by the victim who was in the string of the said residence, while driving the said car which was parked in the vicinity of the Busan Young-gu D.

2. Violation of the Road Traffic Act;

A. On July 9, 2013, around 14:00, the Defendant driven CM3 automobiles without obtaining a driver’s license on a section of about 46 km from around 18:30 meters to the front road of the 18:30 day before the Busan Suwon-dong, Busan-do.

B. On July 10, 2013, at around 12:30, the Defendant driven CM3 automobiles without obtaining a driver’s license in approximately 25 km section from around 15:00 on the front day of the 'Yacheon-do, Busan, Seocheon-do' on the road of 15:0 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Registers of driver's licenses;

1. Previous convictions: the application of the defendant's legal statements and copies of written judgments;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.