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(영문) 인천지방법원 2014.05.16 2014고정1351
자동차불법사용등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. At around 14:00 on November 23, 2013, the Defendant: (a) retired from the “D” underground parking lot of the victim C’s operation located in Seo-gu Incheon, Seo-gu, Incheon; and (b) retired from the said D and temporarily used the EM motor vehicle owned by the victim, which was parked therein, from the said temporary point of time to December 20:00, which returned the said motor vehicle to the victim without the victim’s consent.

2. Violation of the Road Traffic Act;

A. At around 14:00 on November 23, 2013, the Defendant driven an EM vehicle without obtaining a driver’s license from around 10km section from the underground parking lot of “D” located in Seo-gu Incheon Metropolitan City to the front road of the Southern-dong High School for New Flusle in Seo-gu, Incheon.

B. On December 2, 2013, at around 18:00, the Defendant driven an EM vehicle without obtaining a driver’s license from the front side of the New Franman High School located in the Southern-dong, Incheon Metropolitan City, to the front side of the king Building located in 284-2, Jincheon-si, Jincheon-do, 284-2.

C. Around 20:00 on December 4, 2013, the Defendant driven an EM vehicle without obtaining a driver’s license at a approximately 80 km section from the front road of the king Building located in 284-2, Gyeongcheon-dong, Seocheon-gu, Incheon to the Gu Head of the Gu Tax Office located in Seo-dong, Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes notifying administrative dispositions in violation of the Road Traffic Act;

1. Relevant statutory provisions of Article 331-2 of the Criminal Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, and the selection of fines for negligence;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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