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(영문) 대구지방법원 경주지원 2018.06.07 2018고단97
자동차불법사용등
Text

A defendant shall be punished by imprisonment for four 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

On November 8, 2017, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for larceny, etc. on June, 2017, and the judgment became final and conclusive on November 6, 2017.

1. On September 23, 2017, the Defendant, such as a motor vehicle, operated the said motor vehicle from around 40 km to the front of the Seobol Cultural Complex, which was parked on the road in front of the said residence, in the victim C’s residence located in Nam-gu, Nam-gu, Nam-gu, Seoul, a port of September 23, 2017, in which the victim’s key to DK5 motor vehicle, who was driven by the victim from the victim’s bar her clothes, was cut off from the (ju) new world siren, and operated the said motor vehicle from around 40 km to the front of the Seobol Cultural Complex located in front of the said residence.

Accordingly, the defendant used another person's automobile temporarily without the consent of the right holder.

2. On September 23, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a DK5 vehicle without obtaining a driver’s license from the front side of the south-gu B road of the Nam-gu, Nam-si to the front side of the Seobol Cultural Complex No. 233, the Seobol-si, Seok-si, the from the front side of the Nam-gu, Sejong-si, to the front side of the Seobol Cultural Complex No. 233.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Previous records: The results of inquiry and the application of Acts and subordinate statutes reporting the minor records and the results of confirmation;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 62 (1) of the Criminal Act on the suspended execution;

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