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(영문) 수원지방법원 2018.02.07 2017고단7724
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

[criminal history] The Defendant is a person who was sentenced to a fine of 2.5 million won on June 8, 2007 to a violation of the Road Traffic Act at the Suwon Flag Flag on the ground of a violation of the Road Traffic Act, and a fine of 2.5 million won on August 6, 2010 to a fine of 2.5 million won on the ground of a violation of the Road Traffic Act.

[Criminal facts]

1. On October 22, 2017, the Defendant illegally used the said vehicle and temporarily used the said vehicle without the consent of the injured party. On the D’s front road located in the sphere of Suwon-si, Suwon-si, the Defendant: (a) the victim E left the F Sona vehicle at the time of stopping and temporarily used the said vehicle while driving the vehicle without the consent of the injured party.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven F cattle or other vehicles under the influence of alcohol by 0.252% in alcohol from the section of approximately 1.7km to the road located at approximately 17 km a day from the front side of D in Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in preparation of a letter of apology to E;

1. A written statement of the G production;

1. On-site photographs, reports on the situation of the driver involved, and circulars to requests for appraisal;

1. Application of an inquiry letter, such as criminal history, and a copy of a summary order;

1. Relevant Article 331-2 (Unlawful Use of Motor Vehicles) of the Criminal Act, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for the crime;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is unfavorable to the reason for sentencing (the favorable circumstances of sentencing) - the driving of drinking and the illegal use of a motor vehicle owned by another person resulting therefrom. - The degree of alcohol content in the blood of the defendant exceeds the upper limit of the punishment for drinking alcohol. - The favorable circumstances recognize all criminal facts - The victim does not be punished for the defendant any longer by agreement with the victim.

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