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(영문) 청주지방법원 2019.11.22 2019고단1797
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment with prison labor for four 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

[Criminal Power] On August 22, 2019, the Defendant was sentenced to a suspended sentence of two years in August 2, 201 to imprisonment with prison labor for the violation of the Road Traffic Act (driving) at the Cheongju District Court, and became final and conclusive on the 30th day of the

【Criminal Facts】

1. On April 2019, the Defendant embezzled the lost possession on one’s own idea, without following necessary procedures, such as finding out that the number plate was left away from the bottom of the floor at the fixed-term park parking lot located in the Yongsan-gu, Cheongju City, which was owned by the victim B, and returning it to the owner, in his/her own idea.

2. No person who violates the Automobile Management Act shall deny the use of an automobile registration number plate;

Nevertheless, on April 23, 2019, the Defendant illegally used the number plate by operating it from July 23, 2019 to July 19, 2000 after attaching the number plate to the front number plate of the F New Zealand XD car owned by the Defendant, which was acquired in front of the “Ecafeteria” car located in D, a considerable area of Cheongju-si, Cheongju-si.

3. Around 15:00 on July 21, 2019, the Defendant driven a F New-Wood XD car without a vehicle driver’s license on the road of the Cheongju-si, Cheongju-si, 217-ro.

4. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, around 15:00 on July 21, 2019, the Defendant operated the F New Zealand X-D car, which was not mandatory insurance, on the road No. 217-ro, Young-gu, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each investigation report, police seizure records, and internal investigation reports;

1. The register of automobiles and documentary evidence;

1. Previous records of judgment: Criminal records, inquiry reports, confirmation of the absence of disposition, and application of the Acts and subordinate statutes written indictment;

1. Article 360(1) of the Criminal Act applicable to the crime, Article 360(1) of the Criminal Act, Article 78 of the Automobile Management Act.

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