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(영문) 대구지방법원 경주지원 2015.06.25 2014고단1064
감금등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

(a).(a).

On October 28, 2014, at around 19:55, the Defendant, without a driver’s license, driven a G Ecoo motor vehicle owned by the Defendant with approximately KRW 1 Km of approximately 1 Km from the 631 LH apartment parking lot to the street front of the Dano-ro located in the Danodong-dong-dong-dong 31 LH apartment parking lot.

B. On October 29, 2014, at around 01:30 on October 29, 2014, the Defendant, without a driver’s license, driven a G Ecoo car owned by the Defendant, with approximately KRW 45 Km value from the street in front of the Donode, Doo-dong, Gao-dong, 631 LH apartment via H Iel in front of the train.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the current report on the occurrence of the incident of kidnapping, report on internal investigation (related to the specification of suspected vehicles and suspects), report on internal investigation (a driver's license and photographic materials attached thereto), investigation report (related to driving without a license) and Acts and subordinate statutes;

1. Article 276 (1) of the Criminal Act applicable to the facts constituting the crime, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of adding up the maximum term of the crimes of detention with the largest penalty);

1. The reason for sentencing under Article 62(1) of the Criminal Act (Scope of Recommendation) is the general standard for the arrest and detention of the defendant [No person who has a basic area (6 to 1 year) (6 to 1 year) (no person who has a special form of punishment] of the Article 62(1) of the Criminal Act. The Road Traffic Act, which has no sentencing guidelines, complies with the minimum limit of the recommended sentence range of the crime of confinement in which the sentencing guidelines are established (the decision of sentence] is divided and against the defendant, the degree and circumstance of the confinement, the degree and circumstance of the confinement, the fact that the defendant has no criminal record exceeding the fine, the defendant's age, character and behavior, environment, the motive, means and result of the crime in this case, and the circumstances after the crime, etc. shall be determined as per the order.

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