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(영문) 울산지방법원 2020.06.18 2019고단4534
자동차불법사용등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 11, 2019, the Defendant illegally using a motor vehicle: (a) around 19:15, and around the main point of “C” located in Yangsan City B, the Defendant: (b) placed the victim D in a eM7 vehicle at the market price equivalent to KRW 35 million, and parked the said motor vehicle in a eM7 vehicle; and (c) opened a door door for the said motor vehicle and used the said motor vehicle temporarily without the victim’s consent.

2. The Defendant violated the Road Traffic Act (free license) driving of the ES7 car without a driver’s license within approximately approximately 2.3 km section from the date and time and place specified in the above paragraph (1) to the F apartment underground parking lot in Gyeyangsan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 8 copies of photographs and CCTV images of crime prevention;

1. Application of investigative reports (Attachment to Register of Driver's Licenses for Suspected Motor Vehicles) Acts and subordinate statutes;

1. Relevant Article 331-2 of the Criminal Act, the choice of punishment for the crime, Article 331-2 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and order to attend a probation and attend a lecture, and the records of being sentenced to a fine of three times due to drunk driving for the reason of sentencing under Article 62-2 of the Social Service Order Act, and in particular, the crime of this case was committed by drinking driving in the same year after the license is revoked, and the crime of this case was committed by drinking again after the license is revoked, the risk of recidivism exists in light of the fact that the crime was committed without regulating drinking, the victim and the victim have agreed smoothly with the victim, and the fact that there

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