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(영문) 수원지방법원 2017.08.23 2017고단2172
자동차불법사용등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 27, 2016, the Defendant illegally used a motor vehicle: (a) discovered the CCA110V Babs owned by the victim B and driven the motor vehicle at around 01:30 on the same day, which was parked before the 8nd-ro YO-ro YO-ro YO-ro YO-ro YO-ro YO-ro 8-ro YOB-ro YO-ro, GO-si, GO-

Accordingly, the defendant used another person's vehicle temporarily for about 1 hour and 23 minutes without the victim's consent.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving of the said CA1105 Oral Ba, without obtaining a motor device bicycle license from the above place at the time of the above day, from about 10 km to the above 10 km section.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B;

1. Application of the Act and subordinate statutes to the register of driver's licenses, such as site, damaged objects and CCTV images, CCTV images to be taken in a crime scene, and images to be taken;

1. Relevant Article 331-2 (Unlawful Use of Motor Vehicles, etc.) of the Criminal Act, Article 154 subparagraph 2, Article 43 of the Road Traffic Act, and the selection of fines 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act - The defendant has a record of having been punished several times for the same crime. - The defendant committed the crime of this case without any particular reflection or self-esteem even though he had a record of having been sentenced to a fine on November 201, 2016, for the same crime. - The defendant does not seem to have made any effort to recover the damage of the victim. The favorable circumstances are recognized by the defendant. - The degree of the damage of the victim and the criminal attitude of the defendant must be taken into account in each of the above circumstances. The sentence should be imposed like the order, taking into account all the sentencing conditions revealed in the trial process.

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