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(영문) 수원지방법원 성남지원 2018.09.18 2018고단1371
자동차불법사용등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 May 18, 2018, at around 05:00, the Defendant, such as a motor vehicle, etc., illegally used the following: (a) at the influent drinking house near the apartment site in Gwangju-si, Gwangju-si; (b) at the same time, the victim C, who fright to drink alcohol, took a vehicle key in the fluent machine of another victim’s home while drinking, and (c) at the nearby library parking lot in the vicinity; (d) the victim’s Estren car management parked at the same place, driving from the place to the front street of “G Mart” in the same city F without the consent of the right holder; and (b) temporarily used another person’s motor vehicle.

2. On May 18, 2018, the Defendant driven the said rocketing car without obtaining a driver’s license from the D Library parking lot located in Gwangju-si, Gwangju-si to around 2.2 km from around 05:0 to the front of the said G Mart, from the D Library parking lot located in Gwangju-si, to around 2.2 km.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the detailed legislation on driver's license;

1. Relevant Article 331-2 of the Criminal Act (Unlawful Use of Motor Vehicles, etc.), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (Unlicensed Driving) of the same Act concerning the facts constituting an offense, 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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records, such as the following circumstances and the defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as set forth in the text.

Unfavorable circumstances: The circumstances favorable to the fact that there is a record of crime for driving without a license: The fact that the crime is recognized and seriously reflected, the fact that there is no record of crime exceeding the fine, and that there is an agreement with the victim.

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