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(영문) 인천지방법원 2015.09.02 2014고단5734
자동차불법사용등
Text

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

Reasons

Punishment of the crime

On December 9, 2011, the Defendant was sentenced to imprisonment with prison labor for larceny, violation of the Road Traffic Act (unlicensed Driving), etc. at the Incheon District Court on December 9, 201, and completed the execution of the sentence at the Incheon Detention House on November 1, 2013.

1. On June 16, 2014, at around 02:40, the Defendant illegally uses a car of F-F-F-F-F-F-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-

Accordingly, the defendant used another person's automobile temporarily without the consent of the right holder.

2. Violation of the Road Traffic Act;

A. On June 16, 2014, the Defendant: (a) around 02:40 on June 16, 2014, driven a f-eat-way fat-off vehicle without obtaining a driver’s license from the front side of the Dju shop located in the Nam-gu Incheon Metropolitan City, Seoul to the front side of the 852-lane fat-off market.

B. On June 16, 2014, at around 09:00, the Defendant driven the said van without obtaining a driver’s license on June 16, 2014, from the front side of the 952-lane Round market at the 09:00 Gyeongwon-si, Gyeonggi-do, and the front side of the 460 km-gu, Gyeonggi-do, the 12km-do, as the Gyeongwon-do, around 09:0 on June 16, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Detailed details of driver's license taxes;

1. Previous convictions in judgment: Application of criminal history records, investigation reports (verification of the date of release A of a suspect)-related Acts and subordinate statutes;

1. Relevant Article 331-2 of the Criminal Act, the choice of punishment for the crime, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the choice of imprisonment without prison labor, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. The Criminal Act among concurrent crimes.

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