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(영문) 수원지방법원 평택지원 2017.06.08 2017고단519
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 2017, the Defendant driven a body vehicle C with no driver's license on February 10, 2017, and operated a section of approximately 1 kilometer up to 228,000 in front of the same 392-day road in front of the same 392-day road.

On March 1, 2017, the Defendant called "(2017 senior group 855) calls from the victim E (19 years old) at the Defendant's residence in Ansan-si, the Defendant called "(2017 senior group 80,000 won) to lend K5 automobiles to the victim E (19 years old) in his/her own name more than 80,000 won per month."

However, the defendant did not have any intent and ability to lend k5 cars even if he was not a staff member of the rental car company and received money from the injured party.

The defendant deceivings the victim as above and acquired 800,000 won from the victim to the Agricultural Cooperative Account under the name of the defendant on the same day by transfer from the victim under the name of the defendant.

Summary of Evidence

[2017 Highest 519]

1. Statement by the defendant in court;

1. A report on the occurrence and a report on the internal investigation;

1. Registers of driver's licenses (2017 Height 855);

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on internal investigation reports (the attachment of a detailed statement of gold collection transactions and the grounds for requesting a subscriber's inquiry), and photographs of deposited receipts;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (non-licensed driving) concerning facts constituting an offense, and Article 347 of the Criminal Act (the point of fraud);

1. Selection of each sentence of imprisonment;

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;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under Article 62-2 of the Criminal Act for the observation of protection, and Article 59 of the Act on the Observation, etc. of Protection, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relationship, and the circumstances before and after the crime.

- Even though there have been a number of unlicensed driving skills, they have committed another crime of non-licensed driving of this case, provided that they have committed it.

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