2013 Highest 1712 thief, Violation of the Road Traffic Act (Unlicensed Driving)

A

Oral Appellants (prosecutions) and astronomical Appellants (Trial)

Attorney AC (National Election)

July 12, 2013

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

On July 5, 2010, the Defendant was sentenced to two years in Seoul Southern District Court due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on May 6, 2012.

1. Larceny;

On September 2012, the Defendant discovered that the victim AD posted a notice on the “AE” bulletin board, an Internet site, and had the victim access to the victim as if he/she purchased the OE, thereby having the victim stolen the OE.

At around 20:20 on September 4, 2012, the Defendant: (a) concluded that the Defendant would purchase the victim AD in front of the entrance 206-1 vice-dong, Bupyeong-gu, Incheon, Bupyeong-gu, 206-1 vice-dong 206-1, with the view to doing a trial operation of the Oratooto, and then had the victim purchase the Oratoo to the victim; (b) caused the 3 million won of the market price owned by the victim by using the PCX-do as it was.

2. Violation of the Road Traffic Act;

On January 10, 2012, 13:46, around 15:13:46, the Defendant driven an eX Obama without obtaining a motorcycle driver's license from around 12.76 km section from around the street of Guro-gu Seoul Metropolitan Government to around 81-38, Bupyeong-gu, Incheon Bupyeong-gu, Busan to the 44-1 Samsan Police Station.

Summary of Evidence

1. Defendant's legal statement;

1. AD's statement;

1. Each photograph;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (report attached to a written judgment), personal identifications, and current status of personal identification and confinement;

Application of Statutes

1. Article applicable to criminal facts;

Article 329 of the Criminal Act, Article 154 subparag. 2 and Article 43 of the Road Traffic Act

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The Defendant, even though he was a repeated crime for the same kind of crime, committed the same crime without being able to recover the damage, and even considering the fact that the Defendant is led to confession and reflect, the sentence of sentence against the Defendant is inevitable. Therefore, the conditions of sentencing under Article 51 of the Criminal Act should be considered to determine the sentence like the order.

Judges Lee J-young