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(영문) 청주지방법원 2018.09.06 2018고단1104
자동차불법사용등
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 7,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On April 3, 2018, around 00:53, the Defendants illegally using a motor vehicle discovered the Feling vehicle owned by the victim E, which is parked in the frontway in Seocho-gu, Seo-gu, Seo-gu, Seo-si, and Defendant A driven the said motor vehicle from the front side of the said D to the front side of the Gu, Seo-gu, Seo-gu, Cheongju-si, and Defendant B, thereby driving the said motor vehicle from the front side of the said G apartment to the H apartment I, Seo-gu, Seo-gu, Seo-gu, Cheongju-si.

As a result, the Defendants conspired to use the vehicle temporarily without the consent of the victim.

2. Violation of the Traffic Act on roads.

A. On April 3, 2018, Defendant A, without obtaining a driver’s license on a motor vehicle on April 3, 2018, driven a f bargaining motor vehicle within approximately 800 meters from the front side of the road in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju to the front side of the Gowon-gu G apartment.

B. On April 3, 2018, Defendant B, without obtaining a driver’s license on a motor vehicle on April 3, 2018, driven a f bargaining motor vehicle from the front side of the Cheongju-gu G apartment to the front side of the Cheongju-gu Nowon-gu G apartment from the Cheongju-gu G apartment to the next side of the Haju-gu Y apartment I.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Image photographs of CCTV around the site;

1. A report on the occurrence of a motor vehicle;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the register of driver's licenses);

1. Relevant Article 331-2 (Unlawful Use of Motor Vehicles) of the Criminal Act, Article 152 Subparag. 1, Article 43 (U.S. Driving Motor Vehicles) of the Road Traffic Act, and the selection of fines for each crime

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

1. Articles 70(1) and 69(2) of the Criminal Act on the confinement of the workhouse (defendants)

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act are as follows: (a) comprehensively taking into account the following circumstances; and (b) the conditions of sentencing indicated in the records, such as the Defendants’ age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, the sentence is determined as ordered.

The Defendants respectively.

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