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(영문) 대전지방법원 천안지원 2017.01.06 2016고단2376

자동차불법사용등

Text

The punishment of the accused shall be four months by imprisonment.

Reasons

Punishment of the crime

On June 16, 2015, the Defendant was sentenced to eight months of imprisonment due to a violation of the Narcotics Control Act in the Daejeon District Court, and completed the execution of the sentence on December 20, 2015 by the branch office of the Daejeon District Court.

1. On October 31, 2016, from around 09:00 to around 10:54 of the same day, the Defendant illegally used the said vehicle by driving the said vehicle from approximately 8.4 km to the front of the “K”, and from around 04:00 on the same day, the Defendant was holding the key of the said vehicle from the name unauthorized driver who driven the said vehicle, Mu Q5, the victim L, by putting the key of the said vehicle into the front line of the said vehicle. The Defendant temporarily used the said vehicle without the consent of the victim, who was the right holder, by driving the vehicle from around 8.4km to the front of the said “K”.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven the said car within approximately 8.4 km as above without a driver’s license at the time and place set forth in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Lritten statements;

1. The ledger of an automobile driver's license, such as a report on the occurrence of the case, arrest and enforcement;

1. The scene of the case, photographs of damaged articles, and on-site photographs;

1. Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation date of the release of a suspect) statute;

1. Relevant Article 331-2 of the Criminal Act, the choice of punishment for the crime, Article 331-2 of the Criminal Act (the illegal use of automobiles), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of unauthorized Operation of Motor Vehicles), and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the form and degree of the crime in this case, the crime committed during the period of repeated crime, the victim's intent to punish, the criminal punishment of the defendant, the criminal records of all of the crimes, and the violation of the above Act, and other matters, such as the defendant's age, sexual conduct, environment, and circumstances.