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(영문) 전주지방법원 정읍지원 2020.04.14 2019고정107

자동차불법사용등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is engaged in agriculture, and he is aware that he is in peace with the victim B (51 years old, South). A.

On May 25, 2016, at around 14:00, the Defendant used D1 ton cargo vehicles owned by the victim, parked in the vicinity of the Gosong-gun, Changbuk-gun, North Changbuk-gun, with approximately 6.7 km driving to the road adjacent to the Fcar Center in the same group E, and used the other person's vehicle temporarily without the consent of the victim.

B. The Defendant violates the Road Traffic Act (unlicensed Driving) without a driver’s license.

On May 25, 2016, around 14:00, 14:00 drive approximately 6.7 km from the roads near the Ja Center located in E in the same Gun to the roads adjacent to the Fa Center in the same Gun.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Registers of driver's licenses;

1. A report on internal investigation:

1. Application of the Acts and subordinate statutes governing the Nene map;

1. Relevant Article 331-2 (Unlawful Use of Motor Vehicles) of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the selection of fines, respectively, for the crime;

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

1. Articles 70 (1) 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 has the history of being punished twice due to driving distance and background of the sentencing, the fact that the person was punished twice due to driving without a license (see, e.g., Supreme Court Decisions 10, Oct. 10, 201; 100,000 won each of the fines on Nov. 13, 2009). It is so decided as per Disposition on the grounds above.