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(영문) 대구지방법원 상주지원 2016.09.27 2016고단246
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of two years on July 22, 2014 to imprisonment for a violation of road traffic law in the resident support of the Daegu District Court on July 22, 2014, and the judgment became final and conclusive on the 30th of the same month.

[Criminal facts]

1. On May 12, 2016, the Defendant: (a) obtained a victim E’s driver’s license at the parking lot in the Dong-dong office of 35:0 U.S. on May 12, 2016; (b) but did not take necessary procedures, such as returning it to the victim; and (c) embezzled as he/she thought he/she had.

2. On May 22, 2016, the Defendant, at around 17:20 on May 22, 2016, driven a Fcoon C car volume without a vehicle driver’s license from the 1km section to the old national road No. 25 meters, which was located on the street from the road of the 87th century to the old national road of the 25th century, which was located at the time of residing at around 17:20.

3. The Defendant, at the time and place specified in the foregoing paragraph 2, was asked to present a driver’s license to a resident police station G police box G police box where the Defendant discovered a non-licensed driver’s license at the place, and the Defendant presented a Class E’s first class driver’s license under the name of the Defendant and presented it as if the Defendant had completed the first class driver’s license, which was an official document in possession, as described in the foregoing paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal accidents, the ledger of driver's licenses for motor vehicles, photographs of driver's licenses for motor vehicles, and reports on investigation into motor vehicles;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

1. Relevant Article 360 of the Criminal Act concerning the crime, Article 360 of the Criminal Act concerning the selection of punishment (the embezzlement of deserted articles in possession), Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act (the point of driving without a license), Article 230 of the Criminal Act (the point of uttering of Illegal Official Document), and the choice of imprisonment, respectively;

1. The Defendant for the reason of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, which aggravated concurrent crimes, has already been driving without licenses.

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