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(영문) 춘천지방법원 영월지원 2017.01.17 2016고단469
자동차불법사용등
Text

A defendant shall be punished by imprisonment for six 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 September 4, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) on the road from the front of the D office located in Gangwon-gun C, Gangwon-do, to the F Mart front road located in E, via around approximately 16.2km from the front of the D office to the front road of the D office, and driving Gpoter-sp spop-down cargo vehicles without obtaining a driver’s license from around 16.2km.

2. On September 4, 2016, at around 04:44, the Defendant illegally used the vehicle, which was closed and temporarily used the G Posp Posp Hasp Hasp Hasp Hasp Hasp Hasp, the victim H on the roads of the D Office located in Gangwon-gun, Seowon-gun C without consent of the owner.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driver's License Register (A);

1. Relevant legal provisions concerning facts constituting an offense, Article 152 subparagraph 1, Article 43 of the Road Traffic Act (unlicensed Driving), Article 331-2 of the Criminal Act (Unlawful Use of Motor Vehicles), and the choice of imprisonment, respectively;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had been punished twice due to drinking, driving, etc., the disadvantageous circumstances such as the occurrence of traffic accidents, etc., the fact that there is no criminal record exceeding the fine of the defendant, the circumstances that there is room for improving character and behavior as 19 years old yet, and other favorable circumstances such as the defendant's age, sex, sex, environment, motive, means, method and consequence resulting from the crime of this case, and the circumstances before and after the crime of this case shall be determined as ordered by taking into account all the factors of sentencing as shown in the records and theories of this case,

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