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(영문) 춘천지방법원 강릉지원 2018.03.08 2017고단1480
자동차불법사용등
Text

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

1. On November 6, 2017, at around 13:00, the Defendant illegally used a motor vehicle: (a) at the victim C’s house located in C, the victim had the key to a motor vehicle in the victim’s seat, which was located in the victim’s seat, and (b) at the start of the motor vehicle in front of the F in E, and (c) operated a motor vehicle in a section of about 2 km up to the blind distance in front of the same city via the restaurant in the city of Nungungdong and used it temporarily without the consent of the right holder.

2. The summary of evidence of the Defendant’s violation of the Road Traffic Act (drinking driving) driven a Daco-type car under the influence of alcohol leveling 0.253% from the section of about 1km from the direction of the Nungdong, Nungdong, Nungdong, which is located in the Pungdong-dong on November 16, 2017 to the shooting distance from the front of the Nungdong, Nungdong-dong, which is located in the same City/Do.

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. Relevant Article 331-2 (Unlawful Use of Motor Vehicles) of the Criminal Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act is based on the following circumstances: Defendant’s age, sex, environment, health conditions, circumstances before and after the commission of the crime, and all the conditions of sentencing indicated in the records, including the circumstances following the reasons for sentencing under Article 62-2 of the Act on the Order of Community Service and Order of Education,

Unfavorable circumstances: The fact that there has been the history of punishment for several times due to drinking or non-licensed driving, the circumstance that the figure of drinking is very favorable: The confession is made, and the victim C does not want the punishment of the defendant.

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