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Reasons
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(영문) 광주지방법원 2016.04.19 2015고정1523
자동차불법사용등
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1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal history] On August 20, 2014, the Defendant was sentenced to a suspended sentence of two years for eight months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Gwangju District Court, and the judgment was finalized on December 11, 2014.

[Criminal facts]

1. On October 3, 2014, the Defendant illegally uses a vehicle kids in the victim’s b and 301, both of which were known to ordinary places in the Defendant’s residence, around 06:30, Gwangju Northern-gu B and 301, for the purpose of the use of the victim’s vehicle between the victim C, regardless of whether he/she was diving.

In other words, the owner of the victim who was parked on the tent by using the key of the vehicle has boarded Dozer HG car.

Accordingly, the defendant illegally used the victim's automobile without the consent of the victim.

2. On October 3, 2014, from around 06:30 to around 10:30 the following day, the Defendant driven the DG car in the section of about 90km from around 90km to the GG car in Gwangju Mine-gu, the Jeonyang-gu, and the Jeonbuk-gun, without a driver’s license.

Summary of Evidence

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

1. C’s statement;

1. Report on occurrence, report on internal investigation, and report on internal investigation (the result of inquiry of a suspect's driver's license);

1. Previous convictions: Inquiry of case summary information and application of the text of the judgment;

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 a motor vehicle), Article 152 subparagraph 1, Article 43 of the Road Traffic Act, and the selection of fines;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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