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(영문) 서울중앙지방법원 2018.01.10 2017고정3634
자동차불법사용등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 11, 2017, at around 03:40 on August 11, 2017, the Defendant used the victim C temporarily by driving approximately approximately 20 meters without the consent of the victim C, who was temporarily set up in front of Gwanak-gu, Seoul Special Metropolitan City, for delivery.

2. The Defendant, in violation of the Road Traffic Act, driven a DNA 2 Oral occin while under the influence of alcohol content of 0.151% in blood at the date and time specified in paragraph 1, and at the 20m section of the place, the Defendant driven a DNA 2 Oral occin.

Summary of Evidence

1. Statement by the defendant in court;

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

1. C’s statement;

1. Inquiries about the results of crackdown on driving alcohol, making a statement on the circumstances of the driver under driving alcohol, and applying statutes governing field photographs;

1. Relevant Article 331-2 (Unlawful Use of Motor Vehicles, Selection of Fines) of the Criminal Act concerning facts constituting an offense, and Articles 148-2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol and the selection of fines);

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Consideration of the fact that a person who has caused the crime of unlawful use of a motor vehicle with reason for sentencing under Article 334(1) of the Criminal Procedure Act does not want the punishment of the defendant;

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