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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On April 6, 2018, the Defendant illegally uses a motor vehicle: (a) the victim E-W 110 Dong 801 of D Apartment-si, Namyang-si, Namyang-si on April 6, 2018
During the violence of the victim on the ground that the victim was able to report to the police so that the victim was "hacked to the police," and the victim was driven by the victim's driver who was parked in the underground parking lot in the underground parking lot.
Accordingly, the defendant temporarily used the above vehicle without the consent of the victim who is the owner of the above vehicle.
2. Around 00:40 on April 6, 2018, the Defendant driven a F-car without a vehicle driver’s license from the 2nd floor of the apartment-building (the vice head of the apartment-building) to the 61st day of the Southern-si, Chungcheongnam-si. The Defendant driven a F-car without a vehicle driver’s license.
2. The Defendant who violated the Traffic Act on April 6, 2018, driving a motor vehicle while under the influence of alcohol, such as smelling around 01:50 on the front of the apartment guard room in front of the above apartment house and hanging red at the face.
A police officer in charge of the G police box who was dispatched to the scene after receiving a 112 report on drinking driving 112, due to reasonable grounds, was requested to measure drinking, but did not comply with the request without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Application of the Acts and subordinate statutes concerning the closure of a crime image;
1. Relevant Article 331-2 (Unlawful Use of Motor Vehicles), Article 148-2 (1) 2, Article 44(2) of the Road Traffic Act, Article 152 Subparag. 1, and Article 43 of the Road Traffic Act, the choice of imprisonment, respectively, for the crime;
1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes have the record of being punished for driving under drinking even before the defendant was on the grounds of sentencing, and in particular, during the period of 2016, a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes that caused an accident while driving under the influence of alcohol is difficult.