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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 became final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who served as a clerical assistant at the C General Affairs Team located in Jongno-gu Seoul Metropolitan Government from May 23, 2016 to June 14, 2016.
1. On July 1, 2016, at the first floor parking lot located in Jongno-gu Seoul Metropolitan Government, around 20:00, the Defendant illegally used a motor vehicle: (a) the victim C did not return the key of DK 5 passenger car that the victim C had long sirened to the E of the team leader of the general affairs team; (b) operated the said K5 motor vehicle by moving the make face into the said K5 motor vehicle where he was parked in the said vehicle by using the said key; and (c) brought the said K5 motor vehicle at around 06:30 on July 4, 2016.
Accordingly, the defendant used the automobile temporarily without the consent of the right holder.
2. The defendant is a person who has not obtained a driver's license for a motor vehicle.
Nevertheless, at around 20:00 on July 1, 2016, the Defendant driven the said K5 car from the front side of the above underground parking lot to the front side of the Defendant’s residence in Mapo-gu Seoul, Mapo-gu.
In addition, around 14:00 on July 2, 2016, the Defendant driven the said K5 car from the front day of the Defendant’s residence to the front day of the Seoul Sinyang-si Seoul Sinyang-si, and thereafter, he again driven the said K5 car from the same day to the front day of the Defendant’s residence.
In addition, on July 3, 2016, the Defendant driven the said K5 car from the front side of the Defendant’s residence to the front day of the Dong-dong Sungdong in Seoul, from the front day of the Defendant’s residence to the front day of the Gu-dong in Seoul, and again drive the said K5 car from the same day to the front day of the Defendant’s residence.
On July 4, 2016, the Defendant driven the said K5 car from the front side of the Defendant’s residence to the front side of the above underground parking lot.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Relevant Article of the Criminal Act and the choice of punishment for the crime;