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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On January 20, 2015, the Defendant illegally uses a motor vehicle with the intention to use another person’s motor vehicle without permission in a casino in the Gangseoland. On January 20, 2015, the Defendant driven the said motor vehicle from January 20, 2015 to January 12:30, 2015, at a neighboring parking lot in the Gangseo-si of the Gangwon-do, the vehicle at the victim D’s house, which was parked in the said parking lot by using the vehicle keys, without the consent of the victim, and driven the said motor vehicle from that time to January 23, 2015.
Accordingly, the defendant used the victim's automobile temporarily without the consent of the victim, who is the right holder of the above car.
2. On January 20, 2015, the Defendant, from around 07:00 on January 20, 2015 to around 12:30 on January 23, 2015, drive the said e-car from around C’s neighboring parking lot to around 3:00 on January 23, 2015 without a vehicle driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of CCTV photographs and investigation reports (report related to the acquisition of driver's license) Acts and subordinate statutes;
1. Relevant Articles 331-2 of the Criminal Act concerning the crime, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the stay of execution (it shall be taken into consideration the fact that the driver has reached an agreement with the owner of the motor vehicle and that the driver has to not drive the motor vehicle again, etc.);